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F. R. a AMD F. A. S., Edin., &C. &c., 
nns aDtTioM or 

l0 re^pectfulls tieTitcate^, 



fli ISectoY of tf)e Kiflll) Sct)0Ol 0^ S^inbttrsA* 


BiMi SCWMim BMHHUiraH, Dn^ 1833. 


Db Adam's elabovate ^ Summarj of Roman Antiquities " has hitherto 
appeared in an oetavo fonn, and, in oonsequenoe of its price, has not 
fiMind its way into many of our classical schods. To remedy Uiis 
inconvenience, the work is now presented in a more portable shape, 
and at little more than one-half of die original price. The editor 
trusts, that in thus rendering this adminible work accessible to every 
schoolboy, he does some service to Haminil literature. 

The editor has availed himself of several valuable works that have 
appeared since the days of the learned author. Notes of coasidera- 
ble length will be found from Niebuhr's Roman History, from 
HenderMm on Ancient Wines, from Blair on Slavery among the 
Romans, and from the works of Professor Anthon of New York. 
These notes in some instances correct the mistakes, and in others 
supply the deficiencies of the original work. 

The nnmeroos leferenoes intenpened tfarougfaoiit the text of 
fonner editions, have been removed to the foot of each page, which 
exhibits the text in a more continuous foim. For the benefit of the 
tyro, translations have also been given of many of the Latin quota- 
tions. But to classical students, and others, who have occasion to 
etmtutt the work, perhaps the greatest improvement will be found in 
the enlargement of the Indices. The Latin Index now contains 
fully four times more woids and phrases than the former one, 
and embraces, it is hoped, bvbry word and phrase exphdned in the 

Six Engravings on Steel and nearly one hundred wood-cuts will be 
found interspersed, which have been copied from Montfiuioon*s L'An. 
tiquit^ Expliqute, Sir Wm Cell's Pompeii, and other works of the 
highest authority. 

Lastly, in order to direct attention to the most essential topics, ana 
to fodlitate examination, it is the intention of the editor to publish^ 
as soon as possible, a complete set of Quistioms, which will cooslden^ 
bly abridge the teacher's labour, and save the student's time. 

With these additions and alterations, the editor humbly trusts that 
this edition of Adam's Antiquities may be found not altogetiier unde- 
serving of public notice and patronage. 


KaiHmo baa more cof^ged the attention of liteniy men, aiuce Ihe 
revival of leaniDg^ than to tiaoe, from ancient manumenis, the ioati- 
totiom and laws, the religiooy the mamien, and costoms of the Ro- 
nwDBy under the genenl name ot Btmtm Amtifuiikt. This bnwch of 
knowledge is not only curious in itself but absolutely neoessary for 
onderstanding the classiGBy and for reading with advantage the his- 
tory of that celefanted peoftle. It is particularly requisite forsuchas 
proaecote the stndy of the dvil law. 

Scaieely on any sul^ject have more books been written, and many 
of them by persons of distinguished abilities; but they are for the 
moat part too voluminous to be generally useiul. Hence a number 
of abri(%menC8 have been published ; of which those of Kennet and 
Nienport are esteemed the best The latter is, on the whole, better 
adapted than the former to illustrate the classics ; but being written 
in Lathi, and abounding with diilcnlt phrases, is not fitted for the use 
of yo u nger students. Besides, it contains nothing oonoerning the hiws 
of the Romans, or the buildings of the city, which are Justly reckoned 
amoi^ the moat valuable parts in Kennet. 

On these accounts, near twenty years ago, the compiler of the 
following pages thougiit of framing from both, chiefly from Nieuport, 
a cdrnpemdhtm fbr his own use, with an intention to print it, if he 
should meet with no book on the subject to his mind. But he soon 
peroeived, that on seveial important points he could not derive from 
eitfaer the satisfiMstion he wished. He therefore had recourse toother 
aouccesof hiformation, and chiefly to the classics themselves. To 
enumefate the various authon he has consulted would be tedious and 
useless. It is suflfeient to say, that he has borrowed with freedom, 
from all hands, whatever he judged fit for his purpose. He has been 
chiefly indebted to Manutius, Brissonius, and Middleton, on the 
senate i to Pignorius, on slaves ; to Sigonius, and Gruochius, Manu- 
tius, Huber, Gravina, M eniU» and Heineocius, on the assemblies of 
the people, the rights of citisens, the laws and Judicial proceedings ; 
to Lipsfaia, on the magistrates, the art of war, shows of the circus, 
aiai gladiators ; to Schaifier, on naval aflbirs and carriages ; to Per. 
larius, on the Roman dress ; to Kirehmanuus, on foneials ; to Ar- 
bathnot, on coins ; to Dickson, on agriculture ; to Donatus, on Uie 
eiiyy to Tumebos, Abiahamus, Rosinus, Salmasius, Hottomannus, 

a 9 


Grsvius, and Gronovius, Mont&uoon, Pitiscus, Emerti, and particu- 
larly to Gesner, in diilerent parts of the work. 

After making considerable progress in this undertaking, the com- 
piler fomid the execution so difficult, that he would have willingly 
dropt it, could he have found any thing on the sulidect to answer his 
views. Accordingly, when Mr Lemprieie did him the fovour to 
communicate his design of publishing that useful work, the CUuHcal 
Dieikmary^ he used the freedom to suggest to him the propriety of 
intermingUng with his plan a description of Roman Antiquities. Bat 
being informed by that gentleman that this was impiacticaUe, and 
meeting with no book which Joined the. explanation of words and 
things together, he resolved to execute his original intentioo. It Is 
DOW above three yeais since he began printing. Thisdelay has been 
occasioned partly by the difficulty of the work, and making various 
alterations and additions ; pardy, also, by a solidtode to receive the 
remarks of some gentiemen of learning and taste, on whose judgment 
he could rely, who have been so obliging as to read over, with criti<> 
cal attention, the sheets as they were printed. 

After finishing what relates to the laws and judicial prooeedfaigB, 
the compiler proposed publishing that part by itself, with a kiml of 
ayUabms of the other parts sulijoined ; that he might have leisure to 
reprint, with improvements, a Summary of Geography and History, 
which he ownposed a few years ago for the use of sdiolars. But 
after giving an account of the deities and religious rites in his cursory 
manner, and without quoting authorities, he was induced, by the 
advice of friends, to relinquish that design, and to postpone other 
obfeots, tillhe should bring the present performance to aconduskm. 
Although he has all along studied brevity as much as regard to per- 
spicuity would admit, the book has swelled to a much gfifater site 
than at first he imaguied. 

The labour he hu undergone can be conceived by those only who 
have been convemnt in such studies. But he will think his pains 
well bestowed, if his work answer the end intended--to fitcilitato the 
acquisition of classical learning. He has done every thing in his 
power to render it useful. He has endeavoured to give a Just view 
of the constitution of the Roman government, and to point out the 
principal causes of the various changes which it underwent This 
part, it is hoped, will be found calculated to impress on the minds of 
youth just sentiments of government in general ; by showing, on the 
one hand, the pemfcious effects of aristocratic dominatkm ; and, on 
Uie other, the still more hurtful consequences of democratical licen- 
tiousness, and oligardiic tyranny. 

But it is needless to point out what has been attempted in particu- 
lar parts ; as it lias been .the compiler's great aim, throughout the 


whole, to oonvey m much useful iafonnfttioo m poviUe within the 
limits he has prescribed to himselC. Althsfh wy few thingi ura 
adTBDoed without daasical authority, yet in so extensive a ield, and 
an^dst such dlvetsity of opioiooSi he, no doubt, may have fidlen into 
mistakesL These he shall esteem it the highest fiivour to have point- 
ed out to him; and he earnestly entreats the assistance of theeocour- 
sfers of leamfaif to enable hhn to render his work more usefiil. He 
has sobmiUed his pbui to the best judges, and it has uniformly met 
with their approbation. 

It may pohape be tbosffat, that hi boom phwes he has quoted too 
many aathoritiea. But he is oonftdsnt no one will think so, who takes 
the trouble to eiamine them* This he eateems the most valuable 
part of the book. It has at least been the most bborioos. A work 
of this kind, he imagines, if properly executed, might be made lo 
serve as a xsr to all the daasics, and hi some degree sopenede the 
use of large annotations and commentaries on the different authon ; 
which, when die same customs are alluded iOi will genemlly be found 
to contain little else but a repetition of the same thmgs. 

Tim Compiler has now hi a great measure completed, what above 
twenty years ago he conceived to be wanUng m the common phin of 
edocalion in this country. His firstattaropt was to connect the study 
of Latin Grammar with that of £nglish ; which was approved of by 
some of the irst literary characters then in the kingdom. It is 
suftcient to mention Mr Harris and Dr Liowth. He has since con- 
trived, by a new and natural arruigement, to uidiideln the same book 
a vocabulary, not only of the sfanple and primitive words hi the Latin 
tongue, but aiao of the most common derivatives and compounds, with 
an explanataon of phrases and of tropes. His next attempt was to 
Join the knowledge of ancient and modem geography, and the 
principles of history, with the study of tlie classics. And now he 
haa endeavoured to explain diflfeult words and phrases In the Roman 
authon, fiom the customs to which they refer. How fiv he has suo» 
oeeded in the execution he most leave othen to Judge, He can only 
say, that what he has written has proceeded from the purest desbv to 
promote the unprovement of youth ; and that he should never have 
thought of trouUkig the world with his publications, if he could have 
found, on any of the sulgects he has treated, a book adapted to his 
purpose. He has attained his end, If he has pot it in the power ot 
the teacher to convey instrotition with mora ease, and in a shorter 
time ; and of the learner to procure, with the greater Ihcility, faistrno- 
tkm for Umaelf . He has laboured long in the education of youth, 
and wished to show hfanself not unworthy of the confdenoe reposed in 
him by the public. His chief enjoyment in life has arisen from the 
acquisition and communication of useful knowledge ; and he can truly 


cay with Seneca, << Si cum hac exceptione detur sapientfa, ut iUam uh 
rliiaam teneam, nee enundem, rejictain/' Ep. 6. 
Sdhiburgh, April, 1791, 


Thb compiler has felt much flatis&ction from tlie favourable reoep- 
u'ou his performance has met with. He has, in particular, been high- 
ly gratified by the approbation of several of the masters of the great 
schools in England, and of the professors in the univenities of both 
kingdoms. The obliging communications he has received from them, 
and from other gentlemen of the first character for classical learning, 
he will ever remember with giatitnde. Stimulated by such encour- 
agement, he has exerted his utmost industry to improve this edition. 
The numerous facts and authorities he has added will show the pains 
he has bestowed. The index of Latin words and phrases is consider- 
ably enlaiged ; and an index of proper names and things is sul^]oined ; 
for sttggestuig the utility of whidi, he is hidebted to the authors of 
the Analytical Review. 

There are seyeral brandies of his subject which still remain to be 
discussed ; and in those he has treated of, he has been obliged to 
suppress many particulars for fear of swelling his book to too great a 
siie. It has therefore been suggested to him, that to render this work 
more generally uaefol, it ought to be printed in two different forms : 
in a smaller siie for the use of schools ; and in a larger form, with 
additional observations and plates, for the use of more advanced 
students. This, if he find it agreeable to the public, he will en- 
deavour to execute to the best of his ability : but it must be a vrork 
of time ; and he is now obliged to direct his attention to other ob- 
jects, which he considers of no less importance. 

As several of the classics, both Greek and Latin, are differently 
divided by difljerent editors, it will be premier to mention what editions 
of these have been followed in the quotations : C»sar, by Clarke, or 
in usum Delphini ; Pliny, by Brotier ; Quinctilian and the writers on 
husbandry, by Gesner ; Petronius Arbiter, by Burroannus : Dionysius 
of Halicarnassus, by Reiske; Plutarch's Morals, by Xylander ; and 
Dio Cassius, by Reuaarus. It is needless to mention the editions of 
sndi authors as are always divided in the same manner. Those not 
divided into chapters, as Appian, Strabo, Plutarch's Tiives, he, are 
quoted by boolcs and pages. 

Kdinhwrgh, Majf 2lst, 170X. 


romiOATion or bomi, and vpnmm 
or m iMBAarrAMTB, p. 1. 

I. SBHAn AMO FfcrmictAm S 
L IwlitBliaa iBd niiBter of the 

limt ir ..-•*• 
a. Hm duMtlof of Scnaton lb. 
S. Badges ond prlTfiogeo of Sena. 


i. AiiocMMIiHrnf IfTt ■— >*- ih. 
5.Coaroltati4iaoftlM8emle 8 
CDeoMtoftheSeoata M 

7.1'^w«roftko8oooto 16 

II. B«onM .... SO 
III. Fl.w»i>iio .... 29 

Patrons and Cliaita M 

jibMte0fi(ipioMK&e> ^ 

Geni09 0t FlamUkt . ib. 

MaoflaofthoBoaana 98 

/iVcmHSf L{ft«r<M • . « 

lY.SLAvaa **• 

Buum or ROMAN cmzsm, p. 36. 

L PaiTATB Biona . 
1. Btgfat of Liberty 

«. .FamUy 

8. ^ Marriage 

4 a Father 


Anaodpation and Adoption ib. 

i, Bight of Property 48 

If odea of acqoiriag FIraperty 40 

0u Bight of Teatament and Iiu 

herltanee ... 40 

7. . Ttttali«eor WaffdaUp 99 

n. Public Rmbtb . . . ib. 
ioalATn ..... OT 

— iTALICUM .... £6 

9rATBOrTBBltaOTI]fCBa 90 

MuHiciPAL Towns, Colo- 



PBOPLB, p. 64. 



Causes of asserobUnf them . 70 

FlMS where they wne held Tl 

Manner of soanoBlng then Ih. 
Ftfsons who bid a fight to Tele 

at llieaii .... 11^ 
ran i'i'ir *** . . lb. 

MannerofpropoeiiigaLaw 7S 
Manner of talcing the Aosplees lb. 
Manner of holdiiw Comltia Cen. 

tnriata .... 75 


MAOKTBA'raB, p. 80. 

Or Maoibtbatbs in obkbbai. 97 

DiTiaioif or Maoibtbatbs . W 

KiROB .••••• ^ 


L Consuls . . • . 01 

I. Fintoeation, diftrent names, 
and degress of Consuls lb. 

S. Power of the Consuls 09 

3. Day on whidi they entered on 

theiir offlee .... 04 
4 Prorinoes of the Consuls . 05 

5. From what order they were 
created .... 07 

6. Legal age, fte. for ei^oylng the 
Consulship ... 08 

7. Alterations in their condition 
under the Emperors 00 

II. PsjrroBe .... 100 
]. Inttitntiott and power of the 

Pmtor . . . . ib. 

ft Edicts of the Fnslor 101 

S. Insignia of the Prwtor 108 

A Number of Prwtors at difiareot 

times 104 

III. Cbnsobs .... 105 

IV. Tbibunbs .... Ill 
V. fOILBS • • . . 118 

VL QUJBMOBS .... 110 

Nbw obpinabt Maoibtbatbs undbb 

TAB EMPBBOBS . . . . ib. 

II. bztbaobdinabt maoibtbatbs. 
I. Dictator, abo Mastbb or 

HoRSK . . 185 


II. DicBiiTimi .... 119 

III. HlLITAMT Tubuum 131 

IV. Imtkmrsx . . . . ib. 



I. Undbb thb Rbpdblic 1S2 

II. Umdbb tbb Empbbobb . 1S7 


Public Sbbtantb or thb VLaqu- 

TBATB9 146 

LAWS, p. 149. 


Laws o» tbb Twbltb Tablis 
Origin of LBwyen 
CoDBoltaflon of Lawyers 
LBwjen under the Emperora 


Lbwb of the Emperors 
Corpui Jxuru 



I. ScmmoninotoCoubt 185 

IL Rbqubstino a Wbjt 186 

III. Diffbbbmt binds or AcxioiiB 188 

1. Real Actions . • . ib. 

2. Ptfrsonai Actions . 191 
9. PensU Actions 105 
4. Mbtedsnil Arbitmry Actions 197 


V. Afpointiibnt or Jodgbs . 199 

VL FoBM or Tbial 801 

VII. Jodombnt . . • 208 

VIII. Cohbbqubbcbb or a Sbntbncb SOS 


II. Bbporb iNQunrroRs . 
III. Bbtobb thb Pbctobs 
1. Choice of B Jury . 

8. The Accuser 
& The Accusation 

4. THal and Sentence 

5. PunlshinentB 

RHJGION, p. 221. 

I. Dbxtibs 
1. Dii au^jomm geMtntm 
8. Dm Mf«cti 
a. Dii minontm iffnthtm 







II. MurisTBBs or Ri ^iumsk £14 

Priests ot partlculai -Oerfs . 8IO 

Sermnts of the Priests • . 857 

III. P1.ACBS or WoBSBir abo illa> 

umous RiTBS 
Tbb RoacAB Tbab 

DnrnioH or Dats 270 


GAMBSy p. 274. 
I. Oambsamd Sbowsovtbb Cibcvs 974 


IIL Dbamatio Entbbtaibmbbts 


I. LBTTZRe or Soiaibbs 

II. DjyuioM or Tsoors, thbih 

Asms, OrncBBs and Dbbss 904 

III. DisonujiB or thb Romams. 

MKHTS 320 

IV. Ordbb or Battlb, and nir- 


V. MlUTABT Rbwabim S8 

VL A TaicMrH 


IX. Attacb abd DrrsMCB or. 
Towns . • • , 


ctmxous, p. 350. 
L Dbbss 


Ftosture at Heals . 
Couches . 


FaTourite Dishes 



PrlTBte Gamea 
IIL Mabbiaob 

Divorei* ^ 

IV. Fuhbbals 
Wkiohtsavd Couis 

Mbtboo of COMVUTIMO MoNBt 
Intbbbst or Momby 
Mbasurbs or Lbmoth 







Mrbod or Wbitino . 

LnsAKin .... 

Hooan owram Bomams 
Spinning uid Wearing 
CUmaay uuiWUndowB . 


PBorAaAHoM or run . 
Cak«uosi .... 
OiTMMNi or mt Cirr . 

1- ToDplM 

% Ftacm ctAmmeamA and 






4. Fora . 
& PortioM 
& Colnmiw 
7. Trtunphal AtgImi 
A. TropklM 
ft Aqiudarts . 
la Cloacm 
11. Pnbllc Ways 
1& Bri46M . . 
LfMfTB or mm Bunuu . 
Appbndiz I^-OrUrin of Rmm, 
II. Affrairian laws, 















Tltl« DB 

T2*DfN«roW«Twhe, 4» 
PriMijnl |«bllc bauains*. Mi 


VMdlhm, . 



Battsriag rm, 


Narto loaga, 
— — ~-oiiMvla, 



Toga, . 
MatroB biilola, 
Wooaa ia falla, 












I^r'i toUat, 




TrleHniaaa, . 

Vawt for ptrfiuned oiL 

Tba diAnnI aHriaHmta 
abalh, . . 




Drlaklna oapi, . 

Waj orslllBf the aMphn 

Imaklac (iaaaat, . 

oenaioai aad aapi 













« <w«a"l • • • . 

AarMtanl ii^plaaMBta, 
jEhi4^ • • • 





oik. Oa». VU. VIBUhii 






Rome was founded by BomuIuB and a colony from Alba Lonra, 
753 yean, as it is commonly thoiu[^ht, before the birth of ChnsL 
They be^an to build on the 2l8t day of April, which was called 
Palilia, from Pales, the goddess of shepherds, to whom it was 
consecrated, and was ever after held as a festival.* See App, a. 

RomiLus divided the people of Rome into three t^ibbs : and 
each tribe into ten curi& The number of tribes was afterwards 
increased by degrees to thirty five. They were divided into 
country and city tribes.' The number of the curias always re- 
nnainea the same. Each curia anciently had a chapel or temple 
for the performance of sacred rites.' He who presided over one 
curia was called cuaio \^ he who presided over them all, curio 


From each tribe Romulus diose 1000 foot-soldiers, and 100 
horse. These 3000 foot and 300 horse were called lbqio, a legion, 
because the most warlike were chosen.' Hence one of the thous- 
and which each tribe furnished was called miles.' The comman- 
der of a tribe was called TRiBomJs, ^vy^ot^xfif ^^^ rQnv»^xPf*^ 

The whole territory of Rome, then very small, was also divid- 
ed into three parts, but not equaL One part was allotted for the 
service of religion, and for building temples ; another, for the 
king's revenae, and the uses of the state ; the third and most con- 
siderable part was divided into thirty portions, to answer to the 
thirty cuns.' 

The people were divided into two ranks,' patricians and plb- 
BBiANs ; connected together as patrons and clients.*' In after- 
iioies a third order was added, namely, the eqvites. 

1 die* MtaU* wUs R*> S Vcrr. dt Lm. iv. M, S Plat, in Rom. 7 DIonr. 0. 7. Vtg.D.f. 

mm. Veil. Pal i. 8. Tec Ann. &U. SI Di- 6 Vbjtd dc Ut. it. ifi. U Dionf. ii. 7. 

iir. V. ir. hOt» onf. ti. 23. uiuu es oiUle. laid. is. 9 orduica. 

fi mftdsai cl aiVaMh 44«'MaMraew«bat,Fea. d. 10 Dioo/. U. iL 



Tm Senate was instituted by Romulus, to be the perpetual ooon- 
dl of the republic.^ It consisted at first only of 100. They 
were chosen from among the patricians ; three were nominated 
by each tribe, and three by each curia.' To these ninety-nine 
Romulus himself added one, to preside in the seni^, and have 
the care of the city in his absence. The senators were called pa- 
TRCs, either upon account of their age, or their paternal care or 
the state ; certainly out of respect;' and their offspring, patricii.* 
After the Sabines were assumed into the city, another hundred was 
chosen from them, by Uie sufirages of the curias.' But, accord- 
ing to Livy, there were only 100 senators at the death of Romu- 
lus, and their number was increased by Tullus Hostilius, after the 
destruction of Alba.' Tarquinius Priscus, the fifth king of Rome, 
added 100 more, who were called patrbs hinorum qbntiitm. Those 
created by Romulus, were called patrbs majorum obntium,' and 
their posterity, Patridi Majorum Gentium, This number of 300 
continued, with small yariation, to the times of Sylla, who in- 
creased it ; but how many he added is uncertain. It appears there 
were at least above 400.' 

In the time of Julius Caesar, the number of senators was increas- 
ed to 900, and after his death to 1000 ; many worthless persons 
haying been admitted into the senate during the civil wars,' one 
of whom is called bv Cicero self^hosen.^^ But Augustus reduced 
the number to 600." 

Such as were chosen into the senate by Brutus, after the ex- 
pulsion of Tarquin the Proud, to supply the place of those whom 
that king had slain, were called conscripti, t. s. persons written 
or enrolud together with the old senators, who alone were pro- 
perly styled Patree, Hence the custom of summoning to the 
sen ate those who were PatreSy and who were Conscripti,^* Hence, 
also, the name Patree Conscripti^ (sc. et) was afterwards usually 
applied to all the senators. 


I'ersons were chosen into the senate first by the kincs,*' and 
after their expulsion, by the consuls, and by the military tri- 
btmes ; but from the year of the city .310, by the censors : at first 
only from the patricians, but afterwards also from the plebeians,'* 

I CMriUan ninbllea s. 8. Ueiir. >L 8. FM. slii. ISL Lfr. sL <1. Ttl Ibmm* 

MailtatMB. Ck. pro I DimiT. 11.47. 11 SaM. Au. IS. Dto. tnm lafUatur, Ckk 

b«i. 6& 6 Ur.l. 17. aod M. IIt. 14. Civ. 47. Uv. L & M. 

t DtoBv. I. IS. 7 Tm. Asa. si. U. 18 !u •ppelhbanthiHH U. 

8 LIT. 18. 8 ric id Alt. L 14. nm MiMtam leolM. 14 LIt. H. 1. 8!. t. M. 

4 q«l MMH dim* BM- 8 n*. Kllll. 47. liL 4t Liv. H. 1. VtUn ia PmlnUi «» 

■MM, L •. l itiMi L Uir. 18 Iwlai ipM a m>. Phil. 13 SmmIm bgaUtar. ularM. 


chiefly, Itowerer, fironi the eqaitos ; whenoe that order waa caDed 
femiMtrnan senattuJ 

Some think thai the senate waa supplied from the annual magia- 
trates^ cfaoaen by the people, all of whom had, of oomae, admittanoa 
into the senate ; bat tnat their senatorial character was not esteemed 
complete, tiU they were enrolled by the oenson at the next Ltii^ 
trum ; at which time, ako, the most eminent private eitiaena were 
added to complete the number.* 

After the o^Fsrthrow at the battle of Cannae, a dictator was cre- 
ated for choosing the senate. After the sobYersion of liberty, 
the emperoia cozened the dignity of a senator on whom they 
thought fit Augustus created diree men to choose the senate^ 
and other three to renew the equites, in place of the censora." 

He whose name was firrt entered in the censor's books, waa 
called PBiHCKPs sbhatub, which title used to be given to the per- 
son who of those alive had been censor firsty* but after the vear 
544, to him whom the censors thought most worthy. This dig- 
nity, although it conferred no command or emolument^ was esteem- 
ed the very highest, and waa usually retained for life.^ It is 
called PBiiiciPATus ; and hence afterwards the emperor was named 
Princepf, which word properly denotes only rank, and not power. 

In dioosing senators, regard was had not only to their rank, 
but also to their age and fortune. — The ag^ at which one might 
be chosen a senator,^ is not sufficiently ascertained ; although 
it appears that there was a certain age requisite.' Anciently sena- 
tors seem to have been men advanced in years, as their name im- 
ports.^ But in after timea the case waa otherwise. It seems pro- 
bable, however, that the age required for a senator was not be- 
low thirty ; from certain laws given to foreign nations, at dillerent 
timea, in imitation of the Romans,' for there is no positive aa- 
sertion on this subject in the classics. 

The first civil office which gave one admission into the senate 
was the qusostorship, which some have imagined miffht be en 
joyed at twenty-five, and consequently that one might then be 
chosen a senator.^^ Others think at twenty-seven, in the autho- 
rity of Folybioi^ vi. 17. who says^ that the Romans were obliged 
to aerve ten years in the army before they could pretend to any 
civil magistracy ; and as the military age was seventeeny of con- 
sequence that one might be made quaestor at twenty-seven. But 
few obtained that office so early ; and Cicero, who often boasts 
tliat he had acquired all the honours of ihe dty, without a re- 
pulse in any, and each in his proper year,^^ or as soon as be 
oould pretend to it by law, had passed his thirtieth year before 

1 Uv. mU tl. lit q«| TiTcnat, fak* 7 Cic. i» Leg* Maall. V Cie. in V«rr. li. 4». 

t Mlddlclni OB Sonte. wtU 2). Tw. Ann. xr. 28- Plia. Kb. i. BS. 

B Uw. niii. tL SmI. i Ut. xxvIL 13. sxxlv. 8 S«1L Cat. & C'lc. d« 10 fron Oioa Um. lit 

AsfE. S7. Dio. It. U. 44. xx%\%. St. Bm. 6. Or. t. r. 03. SO. 

4 f « fvions omMr, •■ 6 ates waalOTia. Flor. i M. lltaoftnno. 



lie obtained the quiestonhip, which he administered the yeor 
foUowiog in Sicily. So that the usual age of enjoying the qutes- 
toTshipy^ and of course of being- chosen a ienator, in the time 
!>f Cicero, seems to have been thirty-one. 

But although a person had enjoyed the qnaestorship, he did not 
on that account become a senator, unless he was chosen into that 
order by the censors.' But he had ever after the right of comins^ 
into the senate, and of ffi^ing his opinion on any question? 
About this, however, writers are not agreed. It is at least cer- 
tain, thai tliere were some offices which gare persons a legal title 
to be chosen into the senate.** Hence, perhaps, the senators are 
sometimes said to have been chosen by the people.* And Cicero 
often in his orations declares, that he owed his seat in the senate, 
as well as his other honours, to the favour of the people.* Per- 
sons abo procured admission into the senate by military service.' 

When Sylla, after the destruction occasioned by his civil wars 
and proscriptions, thought proper to admit into the senate about 
300 equites, he allowe4i the people to give their vote concerning 
each of them in an assembly by tribes.* But Dionysius says, that 
Sylla supplied the senate with any persons that occurred to him, 
V. 77. and probably admitted some of the lowest rank.* 

The Fkanen of Jupiter had a seat in the senate, in right of his 
office, a privilege vhieh none of the other priests enjoyed." 

Augustus granted to the sons of senators after they assumed 
the manly goum^ the right of wearing the latus ciamts, and of 
being present at the debates of the senate, that thus they mieht 
become the sooner acquainted with public affiiirs." They 3ao 
had the privilege of wearing the crescent on their shoes.^' 

No one could be chosen into the senate who had exercised a 
low trade, or whose father had been a slave:" but this was not 
always observed. Appius Claudius Caecus first disgraced^* the 
senate, by electing into it the sons of freedmen,^* or the grand- 
sons, according to Suetonius^ who says, that libertini, in the time 
of Appius, did not denote those who were freed, but their pro« 
geny," a distinction whidi no where occurs in the classics. Sex. 
Aur. Victor calls those chosen by Appius, libbrtini." But no- 
body regarded that election, whatever it was, as valid, and the 
next consols called the senate in the order of the roll which 
had been in use l>efore the censorship of Appius.^' It appears, 
however, that fireedmen were admitted into the senate, at least 
towards the end of the republic For Dion Cassius, speaking of 

1 BUi navttoru. H« UMrt* th* mbm tL418. H«r.SAt.Ld> Sl.ft<M, 

8 Oell. ui. 18. thlBK In gemnl terms, 9 IMo. xL 63, H inquiiuirtt rel iMbr« 

S Ok, in Verr. r. 14. in Vcrr. ir. 11. pro 10 Lir. xxvii. 8. Oc maYlt. 

Efk ad Pcm. il. 7. Cl«CBt,M. Att. ir.t. 15 Ubertiaoram filki 

4 vAda in MiMtnoi Itri 7 dautorlDB par aifi- II qao caleriu rnpub- laeUa. lir. fau]Nl40h 
dabareat. LIt. xxu. 49. tlan aupieabantar gra- lias nimaaceiant. Saat. 16 iagenoaa ax bis pi«* 

Slaeti JtiMopopali.Ur. dan. Sanae. Kp. 47. Ang. aS. eraaloa. Soak CU. M. 

ir. 4. Cic. fto Sext. 65. So Lit. uiii. », 18 Sut Srlr. t. 8. S. 17 da rir. iliaat. 84. 

6 o««t r*d.ui Saaat. I. 8 Applaa. da b«ll. eir. 13 libarttnoiMlrtfiuUf. IB Up. iz. 46. ibid. 80. 


tlie cenaonhip of Appius Claudioi^ and Fiso, Ui6 &tlier4ii-Uw of 
Caesar, A. U. 704, says that Appius excluded not only all freed* 
men,' but also many noblemen, and amonsr the rest Sallust the 
historian,' for having been engaged in an intrigue with Pausta, 
the daughter of Sylla, and wife of Milo.' Caesar admitted 
into the senate not only his oflEioer^ but even his mercenary 
soldiers, all of whom Augustus remoYed,^ at which time he was so 
apprehensiTe of danger, that when he presided in the senate, he 
always wore a coat of mail under his robe, and a sword, with ten 
of the stoutest of hissenatorian friends standing round his chair.* 

In the year of Home 535, a law was made that no senator, or 
father of a senator, should keep a bark above the burden of 300 
amphoTdiy or eight tons ; for this was reckoned sufficient to carry 
their grain from their forms^ and it seemed below a senator to 
reap advantage by merchandise.' 

Anciently no regard seems to have been paid to the fortune 
of a senator,^ and when it was first fixed does not appear. 
But in the flourishing state of the republic, as we learn from 
Suetonius, it behovea every senator to nave at least eight hundred 
suierticL^ or 800,000 seatertii, which are computed to amount to 
between sir and seven thousand pounde sterling; not annually, but 
for their whole fortune. Augustus raised it to iSOO sestertia, and 
supplied the deficiency to those who had not that sum.' Cicero 
alao mentions a certain fortune as requiute in a senator.* 

Every butrum, i e. at the end of every fifth year, the senate 
was reviewed by one of the censors ; and if any one by his be- 
haviour had rendered himself unworthy of that high rank, or had 
sunk his fortune below that of a senator, his name was passed 
over by the censor in reading the roll of senators ; and thus he 
wras held to be excluded from the senate.^' But this, though 
disgraceful, did not render persons infamous^ as when they wei e 
condemned at a trial; for the t^nomtny might be removed by 
the next censors, or they might obtain offices which again pro- 
cured them admittance into the senate, as was the case with C. An- 
tonius, who was consul with Cicero;'^ and with P. Lentulus, who 
was praetor at the time of Catiline's conspiracy." Thus alM> Sal - 
lust the historian, that he might recover his senatorian dignity, wa s 
made pra&tor by Csesar," and afterwards governor of Numidia ^ 
where he did not act as he wrote/* but by rapacity and extortion 
accumulated a great fortune, which he left to his grand-nephew.^' 

This indulgence of being enrolled in the senate as supernu- 
merary members, without a formal election, was first granted to 
magistrates by the censors, A. U. 693." 

1 A mAumUfn^ Hor. Sat. L S. 41. 7 Mom. Pttn. dv. K IS Mo. mHii. 51. 

S Diow sL «. 4 Oia. xlU. 51. zlUi. 10. 8 S«H. Aag. 41. 14 ol« a,.«^«v«T* t« 47* 

« a qne deprahMuu, slvUi. SS. lU. 8». ft ii. 9]fWB.xUi.». T«»t JUy^f. id. k»E. 9. 

v{rriie«tiuwmt,QelL ft 8o«t. Aiic.85. 10 BOtus • Mutn. 19 Tao. Ann. &. 9k 

«v«. 18. Scrr. In Virf. 6 Liv. zxi. 88. Cte. b 11 Cie. vo CUwnt. 48. B<K. Od. ii. 8. 

M*. Ti. 818. AcrM, a Vcrr. t. IS. 18 Die. nsrtil. 80. 16 Diow uurtt. 48. 

A '6 


Hiere yns a list of the senaton,^ where all their namefi were writ- 
tan, which, by the appointment of Augustus, used to be annually 
pasted up in the senate house, and the name of any senator who 
had been condemned by a judicial sentence, was erased from iL* 


The badges ' of senators were, 1. The Laiu9 chwuM, or Tunica 
iaticlauia, L e. a tunic or waistcoat with an oblong broad stripe 
of purple, like a ribbon, sewed to it on the fore part It was 
broad, to distinguish it from that of the equites, who wore a 
narrow one. 2. Black buskins reaching to the middle of the 
leg, with the letter C in silver on the top of the foot* Hence 
calceos foutare, to become a senator.^ 3. A particular place at 
the public spectacles, called orchestra, next the stage in the 
theatre, and next the arena in the amphitheatre.' This was first 
grsnted them by P. Cornelius Scipio the elder, in his consulship, 
A. U. 558. Hence Orchettra is put for the senate itself.' 

In the games of the circus, the senators sat promiscuously with 
the other citizens, till the emperor Claudius assigned them pe- 
culiar seats there also.' 

On solemn festiyals, when sacrifices were ofl>9red to Jupiter by 
the magistrates,' the senators had the sole right of feasting pub- 
licly in the Capitol, dressed in their senatorian robes, ana such 
as were proper to the offices which they had borne in the city." 
When Augustus reduced the number of the senate, he reserved 
to those who were excluded, the badge of their dress, and the 
privilege of sitting in the orchestra, and of coming to these 
public entertainments.^^ 


The senate was assembled" at first by the kings, after the ex- 
pulsion of Tarquin, usually by the consuls, and in their absence 
by the praetors, alao by the dictator, master of horse, decemviri, 
military tribunes, interrex, prefect of the city, and by the tribunes 
of the commons, who could summon the senate alth<wh the 
consuls were present^ and even against their will.^' The em- 
perors did not preside in the senate unless when invested Vitfa 
consular authority.^* 

The senators were summoned ^^ anciently by a public officer 
named viator, because he called the senators Ifrom the country,*' 
or by a public crier, when any thing had happened about which 

1 tUnm wnatorian, 6 Gc. Clami. 47. U pablioe epaUndi Jns.«U.iiT.& 
A«w«/M Tftl iiW|p*^ 7 Lir. xxxiv. 54. Jar. Saet. Ang. 89. 14 frineeps pna^dcbu, 
tttfXirr^r^ ill. 17?* ]2 eonrocabator Tel CO* erat cnim eoniuL PJia« 

2 Dio. Ir. S. et Fnff. 8 g«Utar. Ep. U. 11. Paoeg. 7«. 

137. Tac. Ann. ir. 42. 9 in apalo Jorls, ral in 13 -Sir. L 48. Cic Ep. 15 arccsMbantar, ciU- 

t loaigaia. coeu DIaU. FanSlk 12. 28. Ur. bantnr. roeabaatw, \m 

4 Hot. Sat. i.0. 28, Jut. 10 G*!]. ail. 8. Dlo. TiiLOSi^L 9. and 29. senatun TOMlMBtH, 

▼ii. 19S. xlTtU. ». Cie. Phil. ii. A . Gtll. ttr. 7. Gio. Kb. fte. 

\ Cie. PhO. siu. IS. 43, Swwc. contr. i. 18. Kan. x. 28. xi. 6. (U 16 Oic. d« Sm. 1ft. 


lite nnalon were to h% ooimltod haMy, and widiovfc d^lay, 
bol IB later timea by aa B11CT9 appoiminf the time and plaoe^ 
and pnbliahed aerend dayi before, not only at Rone, but aome 
timea alao in the other citiea ol^Italy.' The canae of aasembling 
it naed alao to be added.* 

If any lenator refined or neglected to attend, he waa ponisiied 
by n fine and diitndning hia gooda,* nnloM be had a juet ex one. 
The fine waa impoeed by him wiio held the aenate, and pledgea 
were taken till it waa paid. But after sixty or nxty-fife yean 
of ace, aenators might attend or not aa they pleaaed.' 

Tlie eenate cottld not be held but in a temple, that n, in a 
place eonaeorated by the Bugan, that thna their deliberationa 
might be rendered more iolemn.' 

Anoentlf there were bat three plaoea where the aenate need 
to be held y two within the city, and the temple of Bellona witii- 
out it. Afterwards there were more places, aa the temples of 
Jupiter Stator, Apollo, Mara, Vulcan, Tellos; of Virtue, Faith, 
Concord, &Ci Alao the Curia Hostilia, Julia, Octaria, and Pom- 
peia ; which laat was shut up after the death of Casar, because 
he was slain in it.' Theae curia were consecrated as temples by 
the augura, but not to any particular deity. When Hannibal 
led his army to Rome, the senate was held in the camp of I*lae- 
CUB the proconsul, betwixt the Porta Collina and JBsquilina.' 
When a report was brought that an ox had spoken, a thing ft^ 
euently mentioned in ancient authon, the senate was held under 
toe open air.*' 

On two special occasions the senate was always held without 
the city, in the tenmle of BeUona or of Apollo ; for the reception 
of foreign ambessadora, especially of those who came from ene- 
mies, whom they did not clioose to admit into the city; and to 
gtre audience *^ to their own generals, who were never allowed 
to come within the walls while in actual command.^ 

The senate met^ at stated times, on the kalends^ nones, and 
idea of every month ; unless when the comitia were held. For 
on thooe davs ^* it was not lawful to hold a senate,'^ nor on un- 
lucky days,'' unless in dangerous conjunctures, in which case the 
senate mi^ bt postpone the comitia." 

An ordmary meeting of the senate was called senatui lsoiti- 
moB*^ If an extraordinary senate was given to ambassadors or 
others for any reason whatever, it used to be called ikdictus or 
RiucTus, and then the aenators were usually summoned by an 

1 Lnr.m.S8. 4 aaku at plcBori* 8 Fmtas, Boat. JoL 88. 14 dkbu* eflmitUnbos. 

2 Cuu Pkjl. ffi. 8. U nptiona. 9 LW. zztL 10. ]« CIc. a4 irrBt.j(.S. ad 
Atu h. 17. S Lit. in. M. Ok. PML 10 PHb. Hkt. rut. 4». Vam. L 4. 

3 CoMaltaadiB Mpcr i. 3. Pliii. Bp^ W. «9. 11 caa acnatM dataa 16 dicbut aefHUs t. 

•c acrocif Saa.da BrpT.Vlla.CO. eat. atria. 

Tan. Amu B. Q. Edi- Oootror. i. 8. Plln. Bn. U IiiT.UI.6S. zsxL 47. 17 M. tIU. 8. Ur, 

_ . ■ • ■ _^. ■ ■■> .. .. »^ • Aaa ■_ ■ .M^ 

I In |raii> ir. tk nxBl. 'U. M. uxIt. nrriii. 90. xuix. SX 

£dieai« III 6 GcO. mlv. 7. Cie. 43. zxzrf. S9. xUu 36. Cio.nor.V». 
• nataa adesaM, tu. Dom. »1. Sen. Vmwf. r. \b. 18 Snat. Aag. 36. 

(.Ic cC liv. paiaia. 7 Carte v. Sanacula. 13 CMvmiebat. 


edict, whereby auciently those were ordered to attend who were 
PATRESyOnd who were conscbipti,^ bat afterwards, '*thoeo who 
were senator^ and who had a right to deliver their opinion in tiM 
senate.*' Qui senatores, qaibusque in senatu sententiam dicere 
liceret, ut adessent ; and sometimes, ut adessent freqaentea, ao 


No decree of the senate could be made unless there was a 
quorum.^ What that was is uncertain. Before the times of 
Sylla, it seems to have been 100.* Under Augustas it was 400, 
which, however, that emperor altered.^ If any one wanted to 
hinder a decree from being passed, and suspected there was not a 
quorum, he said to the magistrate presiding, nvmbra sknatdm. 
Count tiie senate.' 

Augustus enacted, that an ordinary meeting of the senate should 
not be held oflener then twice a month, on the Kalends and Ides ; 
and in the months of September and October, that only a certain 
number chosen by lot should attend.' This regulation was made 
under pretext of easing the senators, but in reality with a view to 
diminish their authority, by giving them less frequent opportuni- 
ties of exercising it. Augustus chose a council for himself every 
six months,^ to consider beforehand what things should be liud 
before a full house.' 

The senate met always of course on the first of January, for the 
inauguration of the new consuls, who entered into their office on 
that day, and then usually there was a crowded house. — He who 
had the fasces presided, and consulted the fathers^ first, about 
what pertained to religion,^" about sacriBcing to the gods, expiat- 
ing prodigi««, oelebritioff game^ iDspecting the llbok^ of th» 
sibyli^ &c.,^^ next, about tiuman ailairs, namely, the raising of 
armies, the management of wars, the provinces, &c. The con* 
suls were then said to consult the senate about the republic iff 
general,^' and not about particular things.^' The s'lme was the esse 
in dangerous junctures, when the senate was consulted about the 
safety of the republic.^* The month of February was commonly 
devoted to hear embassies and the demands of the provinces.^ 


The magistrate, who was to hold the senate, offered a sacrifice, 
and took the auspices, before he entered the senate-house. If 
the auspices were not favourable, or not rightly taken, the busi- 
ness was deferred to another day.^^ 

Augustus ordered that each senator, before he took his seat, 
should pay his devotions, with an offering of frankincense and 

I Ur.iLL Pwtu In Nmaera. 11 Ltr.riii.8. 15 Oic ad Pratr. ii. S. 

iOcftUr. puAm, 7 Soat. Kug. ii. 18 dt TCpdblka iadifi- U. ad Puui.4.AK0iu 

S nUI •eaatorui auae- 8 mmUU MnefttrUior* nlle. in V*rr. i. SS. 

I Icgiamu adeaMt. tin. U 6» rebof aingalla il- 16 PUa. Pan. 76. QelL 

4 Liv. xxKix. IB. 9 ad fraqwatan aana- nit*. Anl. Ocll. sIt. 7. sir. 7. Cie. E|iit.i.l4 

6 Dio. Hr. U. Ir. S. tam, S««t. Am. U, U d« ■wama npabliea, 

iCk.Ep.FaB.vlU.ll. l«d«r*b«udiT&Sfc T.tau.Cic. ^- 


wf ne, at the altar of that gad in whose temple the aenale were ae< 
sembled, that thus they might diadtuam their doty the more re- 
liffioQsly.^ 'When the coiuuk entered the senate-houeey the sena* 
tors commonly rooe up to do them honour.* 

The senate was ooniolted aboat every thing' pertaining to the 
administration of the state, except the creation of magistrates, the 
passing of laws, and the determination of war and peace ; all 
which properly belonged to the whole Roman people. The se- 
nate oonld not determine about the rights of Roman citizens with- 
out the order of the people.' 

When a fall house was assembled, the magistrate presiding, 
whether consul or prsetor, &c. laid the business before them in a 
set form ; qdoo bonum, paubtum, fslix, fortvh atum sit ; Rsmmvs 
AD TCfly pATRBs GON8CRIPTI. Tticn, the ssnators were asked their 
opinion in this form : dic, sp. postrumi, gvio cbnsrs ?* or gum fisri 


In asking the opinions of the senators, the same order was not 
always obserred ; but usuaUy the princept smatus was first de- 
sired to delirer his opinion, unless where there were consuls elect, 
who were always asked first, and then the rest of the senators ao* 
cording to their dignity, congulares, pratorii, adilitii, tribunU 
tii, et qtuBstorii, which is also thought to bsYe been their order in 
sitting.' The benches on which the senators sat, were probably of 
a long form, as that mentioned by Jurenal longa cathedra, ix. 52. 
and distinct from one another, each fit to bold all the senators of 
a particular description ; some of them shorter, as those of the tri- 
bunes, which seem to haye held only a single person.' The con- 
suls sat in the most distingnisbed place, on their curule chairs.' 

As the consuls elect were first asked their opinion, so the prtetors, 
tribunes, &c. elect, seem to hare had the same preference before 
the rest of their order. He who held the senate might ask first 
any one of the same order he thought proper, which he did from 
respect or friendship.' Senators were sometimes asked their 
opinions by private persons.' 

The consuls used to retain through the whole year the same 
order which they had observed in the beginning of their office 
But in later times, especially under the emperors, they were asked 
in what order the magistrate iiho presided thought proper.^' 
When they were all asKed their opinions, they were said per-- 
rogari, and the senate to be regularly consulted or the affair to 
be deliberated about, crdine consuliS^ Augustus observed no 
certain rule in asking the opinions of the senators, that thereby 
they might be rendered the more attentive.^ 

1 HmmU Au, as. r. U. Faai. riti. 4. Vrtr. ▼. 14. Cic pMt 10 Smt. Jnl. 21. Gc. 

S Cic PbTlS. fl nbarUU. Cic Cat. i, ttdlL in S«iut. 7. Ut. Att L IS. Plic Ep. h. 

a nUwy. fi. 14. Uv. 7. Cic Fw. ill. 9. r.80,OelLiT.10.uT.7. 18. 

nrLSX. 9 anUti rogkbantair, at- 11 LlT.nb. 18. ft. H. 

i Ut. I, tt. ix. 8. 7 Ctc Ih. & Cat \r. U qm Idlpaan connillbaa and Ct». PHd. Pfen. W, 

) SaLCai. ». CicPhO. tl Ci& ad Att. sIL SI. In mvlUa. Cie. Fan. U iL U SmU Ave. S». 


Nothing ooald be laid before the eenate against the will of tbe 
coniulSy luileM by the tribunes of the people, who might also give 
their negatiTe ^ against any decree, by the solemn word veto ; 
which was called interceding.* This might also be done by all 
who had an equal or greater authority than the magistrate pre- 
siding. If any person interceded, the sentence of the senate 
WIS <»lled SBNATU8 AUCToaiTAs, their judgment or opinion,' and 
not tenatus consultum or decretum^ their command. So likewise 
it was named, if the senate was held at an improper time or place/ 
or if all the formalities * were not obserred, in which case the 
matter was referred to the people, or was afterwards confirmed by 
a formal decree of the senate- But when no mention is made of 
intercession or informality, auUoritas senatus is the same with 
consultum,'' They are sometimes also joined ; thus, senatut con- 
sulti auctoritcUt which was the usual inscription of the decrees of 
the senate, and marked with these initial letters, S. C. A.^ 

The senators delirered their opinion," standing ; whence one 
was said to be raised,^ when he was ordered to give his opinion. 
But when they only assented to the opinion of another, they oon« 
tinned sitting.'^ The principal senators might likewise give their 
opinion about any other thing, besides what was proposed, which 
they thought of advantage to the state, and require that the consul 
would lay it before the senate ; which Tacitus calls, egredi relation' 
em. They were then said censers referendum de aliqua re, or re- 
lationem postuiure}* For no priyate senator, not even the consul- 
elect, was allowed to propose to the senate any question himself. 
Sometimes the whole house called out for a particular motion.** 
And if the consul hesitated or refused, which he did by saying, 
SE coNsioBRARE vELLB, the othcf magistrates, who had the right 
of holding the senate, might do it, even against his will, particu- 
larly the tribunes of the people.*^ Hence Augustus was, by a de- 
cree of the senate, invested with the power of tribune for life, that 
he miffht lay any one thing he pleased before the senate every meet^ 
ing, although he was not consul.^' And the succeeding emperoi-s 
obtained from the senate the right of laying before ibeiu one, 
two, or more things at the same meeting ; which was called jut 
vrinuB, secunda, tertue, quarttB, et quinia relationU, In those 
times the senator who gave his opinion first, was called primm 
sententia tenator.^^ 

It was not lawful for the consuls to interrupt those that spoke, 
although they introduced in their speech many things foreign to 
the subject ; which they sometimes did, that they might waste the 

1 m«nn Giecre, S Mlemnia. Cie. ftd Attic, i. II. 13 Gic vn Dem. S7. 

S lnt«rr«i«iv. 6 Dio. It. t. Ck. Ep. 11 rarbo UMiitialwntar. Sail. Gat 46. 

a Cle. Le|E(. iiL S.GelL Pud. x. iS. Cic. Pkm. t. t. Plio. 14 Cie. pro Uc. Mnll. 

siv. 7 Lit. It. 57. Cic. 7 Cie. L««g. it 19. Pu. 76. 19. pro^t. M. Epiiu 

Vm. {. Ti. TiiL & 8 Cie. 12 Sill Cak AO. Tim. Pmb.z. IflL 

« slieoo toapor* «ut 9 MiitCttti«a dieriiuL Ep. tU 9. Tac. Ann. 19 DUlUi.A 

Uteo. l« aMitaiL LW. is. 8. xiii.4% 16 Vopbe. ct UplteL 



d«y in speaking.^ For oo new referenoe eould be made after the 
tenth hooTy L e> four o'clock afternoon according to our manner of 
reckonuig, nor a decree passed after sunset' Hence Cicero, in 
blaming the decrees of Antony, calls them SCta vespbrthia.' We 
read, iHvtrever, of the senate's being assembled at midnight, upon 
the arriral of an express from one of the consuls, Sp. Funns, 
that he was besieged by the ^qui and Volsci, A. U. 290,^ and 
of a perscHi haranguing till it was so late that lights were calU 

Those who grossly abused this right of speaking without inter- 
ruptiony were sometimes forced to giro orer speaking* by the 
Doise and clamour of the other senators.' Sometimes msgis- 
trates, when they made a disagreeable motion, were silenced 
in this manner.^ So when a senator threw out abusive lan- 
guage against any one, as Catiline did a^rainst Cicero and othen, 
the whole senate bawled out against him!^ 

This used also to happen under the emperonk Thus Fliny, 
speaking of himself, after the death of Domitinn, says, Finio. hi' 
cipit regpondere Vefento ; nemo patitur ; obhtrbatur, obstrepitur ; 
adeo qwdem ut diceret; rooo, patres c, he mb cooatis imflorakb 
AirziLiuM TRiBUNORUM. Et stoHm Murena tribumta, psrmitto 
TiBi, TiR CLARissiMB, VEJENTO, DicKRB. Tunc quoque^ reclomatur.^^ 
The title of clarissimus was at this time giren to all the senators, 
but formerly only to the leading men. 

Sometimes the speeches of senators were received with shouts 
of applause. And the mott extravagant expresnons of approba- 
tion were bestowed on the speakers.^" 

The consul, or presiding magistrate, seems to have exercised 
different powers in the senate at different times." When Cato 
one day, to prevent a decree from being passed, attempted to 
waste the day in speaking, Caesar, then consul, ordered him to 
be led to prison, whereupon the house rose to follow him, which 
made Cnsar recall his order.^ 

If any one in delivering his opinion had included several dis- 
tinct articles, some of which might be approved and others reject- 
ed, it was usual to require that the opinion might be divided, 
and that each particular might be proposed apart ; and therefore 
any senator might say, divide. ^^ 


Hctnit nl- 

T. Mlltfal. Cie. Vcnr. 

I Sta* Tmm. An. e. 

S PULBLlfl. 
« Di«ar.fa(.fl8.Mffi.98. 
» aM4« Utelk hMtf ala, 

Aia. Ep. It. fl. 

I Tkaa, C«*taa •■t m* 


■Cto, t. 9. dabado ▼*! 
•zpaagrado; ah obiiI 
MB«ta raehaAtau mU 
Qe. fro Don. 4, hint 
•ntbai vwAinentor th 
omibai nekoiatun 
•sL U. Fun. i. S. 

9 oMtrcpar* mmi. 

IfEf. is. M. •«Aftw 
I kd IhiUiMl.Vi'jMte 
attcattad i* npl/: 
bat lam fM«nl eU- 
nlMd acHui 

kin aot pcnallHarhfaB 
to n on, ' 1 hopa. mj 
lora*,' Mid ha, *]roa 
will not obUg* na to 
liaplar* tha ftMwtoooa 
of tba tribanca.* !■• 
mediatolf tha tribaaa 
Morcaa erlad oatt' yoa 
Iiava my Icava, maat 
lUuatrloaa Vajanto, to 

Eooaad.' Bat atlU 
a elaauMv vaa n* 
11 Thaa, Canaurgasti 

aaattua aat, qaod aalat 
raaUaatlbtta, Flla. Kp. 
It. 9. Nob fara qala* 
qoaai in aaaate fcit, 
^al aoB ma canplaalfr 
rator, axeacvlaralBr, 
acrtatlniqBa laada aa- 
mnlarat. Id. is* IS. 

12 etc Orat. HL 1. 

IS OrlL It. 10. 

U Cir. F». 1. t. So- 
aaa. Ep. SI. Aaeoa. la 



In matten of rery great importance, the senators sometimes 
deliTored their opinions upon oath.* 

Sereral different questions might be referred to the senato by 
different magistrates in the same meeting.' 

When any magistrate made a motion, he was said tkrsa facbbk ; 


BB ; and the senaton, if they approved of it, relationbm accipbrk. 

When different opinions were deliyered, the senators expressed 
their assent, some to one and some to another, Tariously, by their 
looks, nodding with their heads, stretching out their hands, &c.* 

The senators who spoke usually addreued themselfes to the 
whole house, by the title of patrbs cossgripti ; sometimes to the 
consul or person who presided, sometimes to both.' They com- 
monly concluded their speeches in a certain form : guAHs boo 
iTA CBVSBO ; or, placbt igxtob, &c' Quod a paksa vbre« fbcit 


ITA CBNSBO.^ Sometimes they used to read their opinion,® and a 
decree of the senate was made according to it.' 

When a senator did not give an entire assent to the opinion 
of any one, but thought that something should be added, he said, 


cuidere Mententi^ Tel in senieniiam}^ 


When several different opinions had been offered, and each 
supported by a number of senators, the consul or magistrate pro- 
siding might first put to the vote which opinion he pleased,^ or 
suppress ^together what he disapproved.^ And herein consisted 
the chief power of the consul in tne senate. But even this was 
sometimes contested by the tribunes.^ 

A decree of the senate was made by a separation ^^ of the sena- 
tors to diflerent parts of the house* He wno presided said, *' I^t 
those who are of such an opinion pass over to that side ; those 
who think differently, to this."" Hence ire pedilnu in senten* 
iiam alicupis, to agree to any one s opinion ; and dixedere v. 
trtauire in alia omnia, for contrarium tentire}^ Frequentes 
iertaU in alia onmiOy a great majority went into the contrary opi- 
nion. FrequeM 9enatu9 in alia omnia iit, discessit}'' The phrase 
QUI ALIA OMNIA, wss usod iustcad of QUI NON CBNSETis, sc hoc, ftom 
a motive of superstition.^ 

Those senators who only voted, but did not speak, or, as some i 

1 Jorati. LIr. xxTL as. ri. 15. SalLOat. Bl. qun couuIm, Cb. 

us. W. Klli. 81. Tm. 6 Sail. Cat. IL 6?. 11 WDteniUun Hmaia Fan. L S. 

Ana. W. SI. t Ck. PtiU. iU. If. ▼. 4 nrooyoeiam, at ia •am 14 par dii __ _ , 

C etc. PbiL vU. L Ur. Ix. 7. diaecaaio licrat, Cic 1< qal boc eanaatia. 

tx%. SI. 8 4a aeripio diaan, Qoi Fam. i. X. a. 12. Ulna tranaita, qai alia 

i C4c. ia Pla. IS. lir. ia. Faa. x. IS. U a^ara aa pronuvla* omnia, in luuie 

39- 9 in ««KtanSam alloi- Ionia, C»a. Ball. Gir. 16 Plia. Xp. riU. U. 

4 Tic HUt. W. 4. Jaa. val iu al ilia aan. L 1. 17 Cie. Faa. !. 8. vliL 

I Cir. at I4t. pasalta. aebit. U ante aa oraortan IS. a. IS: 

CIc. Phil. TtiL 1. Uw. 10 Cic. PkUL aiiL SI. ^taocaaioarn bean, 18 eaiaia caaaa, FtaU 


say, who had the riflbk of Totinff but not of spoafcinf, were called 
pKDARU,^ because they signified their opinion by their feet, and 
not by their tonn^ies : or, according to others, because not hav- 
ing borne a cortue magistracv, they went to the senate on foot' 
But» according to Pliny, anciently all the senators went to the 
senate on foot ; and the pririiege of being carried thither in a 
chariot was nerer granted to any one but Metellus, who had 
loot hia sight in rescuing the P€Uladtum, or image of Pallas, 
from the temple of Vesta when in flames.' 

He who had first proposed the opinion,* or who had been the 
principal speaker in favour of it, the consul, or whoever it was,^ 
nassed over first, and those who agreed with him followed." 
rhoee who differed went to a different part of the house ; and 
into whatever part most of the senators went, the consul said of 
it, " This seems to be the majority."^ Then a decree of the se- 
nate was made according to their opinion/ and the names of 
those who had been most keen for the decree, were usually pre- 
fixed to it, which were cslled auctomtatbs pertcripta vel proB' 
scriptm, because they stayed to see the decree made out.' &>- 
iBoAfS cotuuUum ea perscriptione est, of that form, to that effect.^' 

Anciently the letter T was subscribed, if the tribunes did not 
give their negative ; for at first tlie tribunes were not admitted 
into the senate, but sat before the senate-house on benches, till 
the decrees of the senate were brought to them for their appro- 
bation or rejection.^' This, however, was the case only for a 
very short time ; for A. U. 310, we find Canuleius, one of their 
nomber, speaking in the senate, and Dionysius says they were 
admitted soon after their institution.^ 

When a decree of the senate wat made, without any opinions 
being asked or given, the fathers were said, pedAuM ftrre hen- 
tentiam ; and the decree was called sknatus coksdltum per dis- 
CBsaioKKM." But when tlie opinions of the senators were asked, 
it was simply called sbnatus consultumJ^ Akhough it was then 
also made per disceseionem ; and if the senate was unanimous, 
the disceesio was said to be made sine vlla varieUUe, If the con- 
trary, in magna varietaie sententiarum,^^ 

In decreeing a supplication to any general, the opinions of 
the senators were always asked ; hence Cicero blames Antony 
for omitting this, in the case of Lepidus.^" Before the vote was 
pnt,^' and while the debate was going on, the members used to 
take their seats near that person whose opinion they approved, 

1 Fett. A.OcU. UL 18. S vvmv* t«1 Mctor » •eriboado adfiMnuit, PhiLtiL >. SmC H^ 

Ch.adAtt.i.l«,». fMit«atfaB,Or.Poatii. b e. wutos cutiUti 31 

t A. OelL UL 18. S. SL eonflciendi tMftit cranU 14 Ck. in Pit. S. 

I HIct. Nat. Ti. 4& ■. C PUn. B^ IL IL 10 Cie. Fwn. t. S. 15 Cbw pro Sexb 3i. 

48w 7 hae pm mi^r *Ue- 11 Val. Mu. iL 7. 18 PhiL UL 9. . 

4 ^al MStMtba Mu. tar. 18 lir.Ir. l.OiMr.rU. 17 »n(e dliMMlei 

t«iptmtitiW0t,CM.iii 8 PH% Sp. U. 12. Ck. 49. 

Pb.3B. Or. tfL £ 13 A. Otll. sir. 7. Cte. 



and the opinion of him who vmg joined by the greateit number, 
was called skmtbntia maxivb FBiguENs.^ 

' Sometimes the consul brought from home in writing the 
decree which he wished to be passed, and the senate readily 
agreed to it* 

When secrecy was necessary, the clerks and other attendants 
were not admitted ; but what passed was written out by some of 
the senators.' A decree made in this manner was called taci- 
TcM.^ Some think the senaiores pedarii were then likewise ex- 

Julius Caesar, when consul, appointed that what was done in 
the senate, should be published, which also seems to hare been 
done formerly.' But this was prohibited by Augustus.' An 
account of their proceedings, however, was always made out ; 
and under the succeeding emperors we find some senator chosen 
for this purpose.' 

Public registers' were also kept of what was done in the 
assemblies of the people, and courts of justice ; also of births 
and funerals, of marriages and divorces, &c., which served as a 
fund of information for historians ; hence diurna urbis acta,'" 
ACTA POPULi,'' ACTA PUBLiCA,'' VRBANA, ususlly Called by the sim- 
ple name acta.*' 

Sknatus comsultuh and dbcrrtum are used promiscuously to 
denote what the senate decreed ;*^ but they were also distin- 
guished as a genus and species, decretum being sometimes put 
for a part oi the SCtum, as when a province, an honour, or a 
supplication was decreed to any one.^' Decretum is likewise ap- 
plied to others besides the senate ; as, decreta coMulumy augu. 
rum, pontificum, decurumum,' Casaris, principis^judicis, &c., so 
likewise consulta, but more rarely ; as, consuUa Mapientum^ the 
maxims or opinions, consulta belli, determinations, Gracchi}^ 

In writing a decree of the senate, the time and place were 
put first, then the names of those who were present at the en- 
grossing of it ; after that the motion, with the name of the ma- 
gistrate who proposed it ; to all which was subjoined what the 
senate decreed. Thus, senatus consulti augtoritas, predib kal. 


1 PIlo. Eii.Ttti.14. lull. 7 Smu Abc. 86. It Tao. Ann. siL 81. 15 Pett. 

S Ck. PbtU i. 1. 8 Attii vef oommenU' Suau Tik. r. PUa. Rp^ 1< Cie. L«cg. L M. SiU 

I Cle. pro SnU. 14. rtia sanntiu eonfieicn* tU. S3. ir. U. viU 94. 

4 CaplloIln.Ooi^«n.l8. Hm, Tm. Ann. r. 4. IS Id. li. 15. Cie. Fun. 17 Cie. Pcm. viii. a 

5 fraa ValiT. Max. \L%. 9 aeU, L r. tabula ral zii. a Plin. vii. iU 18 Ga Ut. SaU. &c 

• mania Acta. Soot. ooaowalariL 14 Cie. Lir. et Sail, paulab 

JuU 80. Ck. pre Sail. 10 Ta«. Ana. ziii. 81. PMaiak m mbwIU et 
M. 11 Saet. Jal. 80. decr< U patma, Hsr. 


If the tfibanef interposed^ it wu thus marked at tlie end ; 


Sometimes the tribunes did not actually interpose, but required 
some time to consider of it, and thus tbe matter was delayed.^ 

When the senate ordered any thin^ to be done, these words 
were commonly added, priko guogus tbhpore, as soon as possi- 
ble. When they praised tbe actions of any persons, they de- 
creed, BOS RBCT^ ATQUB ORDiHB YiDBBi FBCiBSB, if the oontnury, 


Orders were ^yen to the consuls,' not in an absolute manner 
but with some exception; si vidbrbtor, si b rbpublica bssb du 


When tbe consuls obeyed the orders of the senate, they were 
said B88B Tel forb in patrum potestatb ; and the senators^ when 
they complied with the desires of the people, bssb in populi po- 
When the senate asked any thing from the tribunes, the form 


The decrees of the senate, when written out, were laid up in 
the treasory,' where also the laws and other writings pertaining 
to the republic were kept. Anciently they were kept by the 
aedilee in the temple of Ceres.' The place where the public 
records were kept was called t.^bularium. Tlie decrees of the 
senate concerning the honours conferred on Ciesar were in- 
scribed in golden letters on columns of siWer.' Several decrees 
of the senate still exist, engraTen on tables of brass ; particularly 
that recorded, Lir. xxxix. 19. 

The decrees of the senate, when not carried to the treasury, 
were reckoned inralid."' Hence it was ordained, under Tibe- 
rius, that the decrees of the senate, especially concerning tbe 
capital punishment of any one, should not be carried to the 
treasury before the tenth day, that the emperor, if absent from 
the city, might have an opportunity of considering them, and, 
if he thought proper, of mitigating them.*^ 

Before the year of the city 306, the decrees of the senate were 
suppressed or altered at the pleasure of the consuls. Cicero ac- 
cuses Antony of forging decrees.^ 

Decrees of the- senate were rarely reversed. While a ques- 
tion was under debate,^' every one was at freedom to express 
his dissent ;^^ but when it was once determined,^' it was looked 
upon as the common concern of each member to support the 
opinion of the majority.^' 

1 GictbU.proStsUSt. 4 11 Tie. Aan. ui. M. 14 eontradimr* ▼•! dig. 

S i4r. iwMim. 7 ia ■rarlun eo»il«« Oio. 1tH«90. Sneulib. Miitlre. 

a tmgiAsam dstMi ast buitar. 76, \i n peraeU. 

coiualflM*. 8 LIT. ifi. t, 5lw 13 Lir. iii. 55.Cie. PhiU 16 qvod pluribw pWa- 

4 Ut. Osf. CSc 9 Dio. xVtt. 7. v. 4. iurt, •uneils tcradmiH 

t Ut. ii. M. fc«. 10 SmU Aog. 9t. 13 n iaUgror Piiiu Kp. r\. Vi. 



Aflter every things \ns finished, the magistrates presi<Ung dis- 
missed the senate by a set form : non amflius vos MORAMna, p. a 



The power of the senate was difTereot at different times. 
Under the regal goTernment, the senate deliberated upon such 
public affairs as the king proposed to them ; and the kings were 
said to act according to their counsel,' as the consuls did after- 
wards according to their decree." 

Tarquin the Proud dropped the custom handed down from 
his predecessors, of consulting the senate about every thing ; 
banished or put to death the chief men of that order, and chose 
no others in their room.* But this king was expelled from the 
throne for his tyranny, and the regal government abolished, 
A. U. 243. 

After this the power of the senate was raised to the highest. 
Every thing was done by its authority. The magistrates were 
in a manner only its ministers ;* no law could be passed^ nor 
assembly of the people held, without their consent.^ But when 
the patricians began to abuse their power, and to exercise cruel- 
ties on the plebeians, especially after the death of Tarquin, A. U. 
357, the multitude took arms in their own defence, made a se- 
cession from the city, seized on Mens Sacer, and created tri- 
bunes for themselves, who attacked the authority of the senate, 
and in process of time greatly diminished it by various means ; 
first, by the iutroduction of the comitia tribnta, and the exclu- 
sion of the patricians from them;^ then, by a law, made by 
Lffitorius the tribune, that the plebeian magistrates should be 
created at the comitia tributa f afterwards, by a law passed at 
the comitia centuriata, by the consuls Horatius and Valerius, 
that the laws passed at the comitia tributa should also bind the 
patricians ;^ and lastly, by the law of Publilius Uie dictator, A. U. 
414, and of Mcenius the tribune, A. U. 467,^^ that before the peo- 
ple gave their votes, the fathers should authorise whatever the 
?>eople should determine at the comitia centuriata. ^^ Whereas, 
urmerly, whatever the people ordered was not ratified unless 
tlie senators confirmed it" But the power of the senate was 
most of all abridged by the right of the tribunes to render the 
decrees of the senate of no effect by their negative,^ Still, 
however, the authority of the senate continued to be very great; 

1 Flip. Ep. Ix. 13. Sext.65. k; 4B. certoju evmtBBa 

t «x eouilio iMtfuni, niti patribui uelorl- 9 pltUioHa, Liv. QL U< tioruai, Lir. 

Lit. 1.9 bus, h.c.jobantibnar. 10 Juir. vui. 12. Cie. 18 oiil patna auolom 

3 «»cto.Liv.ii.2»&c. pennUteiitibos, Lit. Brut. 14. teraal. Lit. i. 1?. 2S. 

«LiT.i.49. Tu42. lint fiermt avclorat It. S. 49. Cie. PUac 3. 

I quasi miniatii ^raTla- 7 LW. ii. 60. ejuK rti qnaai popaloa ja iatcrcadando. 

timl ceacUii, Gc pro 8 Lit. ii. M, ST. Diony. Jaatanu asaat, T.lniB. 


for as power and majesty properly belonged to the people, so 
did autbority, splendour, and dignity to the senate.^ 

The senatorian order is called by Cicero, '*ordo amplissimns 
et sanctiflsimus ; sammum populi Romani, popalorumqae et gen« 
tiom omnium ac regum consilium:"* and the senate-house, 
** templum sanctitatis, amplitudinis, mentis consilii publici, caput 
nrbis, ara sodorum, portus omnium gentium," &c.^ Hence se- 
nators in foreign countries were treated with the highest re- 
spect;^ and as they were not allowed to leave Italy without per- 
mission, unless U> Sicily and Gallia Narbonensis,' when they had 
occasion to trarel abroad, they usually obtained the priTilege of 
a free legation, as it was usually called," which gave them a rishfc 
to be treated every where with the honours of an ambassador. 
In the provinces they had lictors to attend them ; and if they 
had any lawsuit there, they might require that it should be re- 
mitted to Rome.* The advantages of honour and respect were 
the only compensation which senators received for their, atten- 
tion to public aflairs.^ 

Although the supreme power at Rome belonged to the peo* 
pie, yet they seldom enacted any thing without the authority of 
the senate. In all weighty affairs, the method usually observed 
was, that the senate should first deliberate and decree, and then 
the people order.' But there were many things of great impor- 
tance, which the senate always determined itself, unless when 
they were brought before the people by the intercessions of the 
tribunesL This right the senate seems to have had, not from any 
express law, but by the custom of their ancestors.^*^ 

1. The senate assumed U> themselves the ffuardianship of the 
public religion ; so that no new god could be introduced, nor 
altar erected, nor the sibylline books consulted, without their 
order.^^ 3. The senate had the direction of Uie treasury, and 
distributed the public money at pleasure." They appointed sti- 
pends to their generals and officers, and provisions and clothing 
to their armies.^' 3. They settled the provinces, which were 
annually assigned to the consuls and prastors, and when it seem- 
ed lit they prolonged their coramand^^ 4. They nominated out 
of their own body all ambassadors sent from Rome,^ and rave 
to foreign ambassadors what answers tliey thought proper.^ 5. 
They decreed all public thanksgivings tor victories obtained ; 
and conferred the honour of an ovation or triumph, with the 

1 potecU* ia poptlo, Att. tUL 19. SiieU 7 Ck.ruii.xii.81.xUL xxxvii.54. 

■iMtOTitM ia Muto, CUod. 16. £1. Ncr. <9. 86. 18 Polyb. rL 11. 

Cic Ugg. B'u IS. loeus. Oio. Uii. 48. 8 Cie. Cla. 59. 14 Cic Dob. 9. 

•MCtamks, doai Bpim* 6 •!»• Bamklit, nm 8 Miutaa ecnsvU r. dc 19 Lir. U. 19. xjcs. tSi 

dor; apod extoru n^ ^lo raipuoIUs no- crerit, populiu jumU, xUL 19. «t allU pii** 

tioaesBaa«a«C|ni.a, nero; at baradltatM Lir. i. 17. iv. 49. x. 18. tim. 

Id. pro du. Mb WMX vrBfirmphu mu 49. xxxriL 99. Iw. 16 Cic Val. Ifi. 

2 D0B.SS. ponoqiMreBtur, Cic 10 Cie. Or. i. 9dL 9. Llr. vl. 96. tS. ». 

8 MIL 88. Lo«. ili. 8. FUII.XS. 1. 11 Uv. is. 4«. Oc Din xxx. 17. 
4 Ok. Verr. tr. II. AU. it. 12. Saot. 1 ib. 48. 94. 

9 UBm coMwMta, Cie. 81. ^S Cw. Vat. IS. Uw, 



title of iMPsiuTOR, on their Tictorioos generals.^ 6. They could 
decree the title of king to any prince whom they pleased, and 
declare any one an enemy by a vote.' 7. They inquired into 
pvblic crimes or treasons, either in Rome or the other parts of 
Italy, and heard and determined ail disputes among the allied 
and dependent cities.' 8. They exercised a power, not only of 
interpreting the laira, but of absolving men from the obligation 
of them, and even of abrogating them.* 9. They could post- 
pone the assemblies of the people, and prescribe a change of 
nabit to the city in cases of any imminent danger or calamity.'^ 

But the power of the senate vras chiefly conspicuous in civil 
dissensions or dancerous tumults within the city, in which that 
solemn decree usea to be passed, " That Uie consuls should take 
care that the republic should receive no harm.'*' By which de- 
cree an absolute power was granted to the consuls, to punish 
and put to death whom they pleased^ without a trial ; to raise 
forces, and cany on war without the order of the people.^ This 
decree was called xtltimum or bxtrbmum, and '* forma SCti ulti- 
mae necessitatis."^ By it the republic was said to be intrusted 
to the consuls.' Sometimes the other magistrates were added*' 
Sometimes only one of the consuls is named, as in the commo- 
tion raised by C. Gracchus, '* ut L. Opimius consul videret^" &c. 
because his colleague Q. Fabius Maximus was absent." 

Although the decrees of the senate had not properly the force 
of laws, and took place chiefly in those matters which were not 
provided for by the laws ; yet they were understood always to 
have a binding force, and were therefore obeyed by all orders. 
The consuls themselves were obliged to submit to them.'* They 
could be annulled or cancelled only by the senate itself.*' Their 
force, however, in certain things was but temporary ; and the 
magistrates sometimes alleged, that they were binding but for 
one year.** In the last age of the republic, the authority of the 
senate was little regarded by the leading men and their crea- 
tures, who, by means of bribery, obtained from a corrupted po- 
pulace whal^.they desired, in spite of the senate.*' Thus Cassar, 
by the Vafhiian law, obtainea the province of Cisalpine (iraul 
and lUyricum, for five years, from the people ; and soon after 
Gallia Comata or Ulterior, ftt>m the senate ; the fathers being 
afraid that, if they refused it, the people would grant him that 
too." But this corruption and contempt of the senate at last 
terminated in the total subversion of public liberty. 

1 Cie. Phiu xW, 4, 5. Ptin. En. it. 9. 9 penaitti T. eomnra. 18 induci, i. e. dclcrL 

lAr. T. 23. Pttlyb. vl. 9 Qe. Mar. 96. Att. ir. dari eooaulibui ; ar, poterant. Ck. Dam, 4. 

il. 16. Cic. SexC 18. pcmitti eenialibM at AU. L 17. 

SCae«.L(T.Cir.pMiim. 6 ut eoniuln damt opr. mDpablicwn defend*- 14 Dlonf . ix. 97. 

4 Ur. x«x. 9& (Vm. Oil; ram, ne quid detriaieati rant, Gc 15 Cie. ScxU 19L Aiw. 

L Ifl. Polyb. vi. 11. rispabliea eapant. 10CM.ibid.Ur.Tl.19u Bell. (Sr. ii. 4^ ft^T 

4 Cie. Dom. 16. 3^. Lee. 7 Sail. B«IL Cat 99. 11 Ck. Cat. i. S. Liv. 16 Sact. Jul. 99. Plaft. 

.Manil. XU Lfgt. U. 6. 8 Cm. BalL Cir. i. 4. iii. 4. Cm. 

AacM. Cic. Corael. Ut. iii. 4. 18 Ut. \t. 86. slU. 21. 


CiOHO imaging thai in his eoiMikhip, he bsd eateblithed 
tbe authari^ of the tenate oo a solid bans, by unitinf it with 
the oqiMstriaii order; thus constitating what he calS ovmA 
BKSPVBUCA ; and ascribes the rain of the republic to that coal* 
ition not beings preserved.' But it was soon after broken,' by 

the senate refasin^p to relesse the eqnites froM a disadfantaceous 
ooDtract concerning the ^atic revenues^' which gave (Sesar, 
when oonsniy an opportunity of obliging that order, by granting 
their request, as he had formerly obliged the populaoe br an 
agrarian law, and thus of artfully employing the wealth of the 
repablic to enslaTO it* See lbobs julix. The senate and equites 
had been formerly united,* and were afterwards disjoined from 
similar motiTes. See leobs sbuproivia, dejudieiU. 

Augustus, when he became master of the empire, retained the 
forms of the ancient republic, and the same names of die magi- 
strates; but left nothing of the ancient virtue and liberty.* 
While he pretended always to act by the authority of the senate, 
he artfully drew every thing to himself. 

Tiberius apparently increased the power of the senate, by 
transferring ttie right of creating magistrates and enactinr Jaws 
from the comitia to the senate.' In consequence of whi<3i, the 
decrees of the senate obtained the force of laws, and were more 
frequently published. But this was only a shadow of power. 
For the senators in giving their opinions depended entirely on 
the will of the prince ; and it was neceiury that their decrees 
should be confirmed by him. An oration of the emperor was 
usually prefixed to them, which was not always delivered by 
himself, but was usually read by one of the autestors, who were 
called CAVMOATi.^ Hence what was appointed by the decrees of 
the senate was said to be oratione principtM cautttm ; and these 
orations are sometimes put for the decrees of the senate. To 
such a height did the flattery of the senators proceed, that they 
need to receive these speeches with loud acclamations, and never 
failed to assent to them ; which they commonly did by crying 

out OMNBS, OMNBS.' S^ 

The messages of the emperors to the senate weiWcalled bpis- 
TOL.« or LDBBLLi ; becauso they were folded in the form of a 
letter or little book. J. Caesar is said to have first introduced 
these UbelU, which afterwards came to be used almost on every 

But the custom of referring every thing to the senate ^ wat 
only observed till the Romans became habituated to slavery. 
After this, the emperors gradually began to orde r what the ) 

I (»e. Cu. {▼. M. Pb. S or^bom conewdU 1. 7. 9 Piln. Pu. TS.VopiM. 

^ MM fk in potfatA- dUjucU-MU Cic AU. • SalL Joe. 43. Tae. 7. 

ton apdMorn. L •. LIS. 6 priMletintorrimorU, 10 PlttuC»«.Rart.J«U 

Mibniaai tt ditiMiBO- SCIc.AU. 1.17. Tm. Ann. (. 8. 9«. 81. Aug. ». M 

ran. Legg. iS. 17. a#^ 4 Suet. i)»%. Sfl. Of. 7 lac Ann. I. 16. T»f. A««. '^rW. 

•tMMTM*. Att. i. 14.I6. AtL 1. 15. Dio. sizrtii. 8 Saet. Tit. 6. Ang. 65. 11 Socl. Ttb. 80. 

so ROMAN AirnguiTiBs. 

thoii||;fat proper, without oonsoltin^ the senate ; to abrogate old 
laws and introduoe new ones ; and, in shorty to determine every 
tiling according to their own pleasure ; by their answers to the 
applications or petitions presented to tiiem ;' by their mandates 
and laws,' &c. Vespasian appears to hare been the first who 
made use of these rescripts and edicts. They became more fre- 
quent under Hadrian : irom which time the decrees of the se- 
nate conoeming private right began to be more rare ; and at 
length under (Suracalla were entirely discontinued. 

The constitutions of the emperors about punishing or reward- 
ing individuals, which were not to serve as precedents, were 
called PRiviLKGiA.' This word anciently used to be taken in a 
bad sense ; for a private law about inflicting an extraordinary 
punishment on a certain person without a trial, as the law of 
Clodius against Cicero, which Cicero says was forbidden by the 
sacred laws and those of the twelve tables.* The rights or advan- 
tages ' granted to a certain condition or class of men, used also 
to be called privilbgia ;* as the privileges of soldiers, parents, 
pupils, creditors, &c. 

The various laws and decrees of the senate, whereby supreme 
power was conferred on Augustus, and which used to be re- 
peated to the succeeding emperors upon their accession to the 
empire,^ when taken together, are GEuled the Royal law, proba- 
bly in allusion to the law by which supreme power was granted 
to Romulus.^ 


Thb equites at first did not form a distinct order in the state. 
\¥hen Romulus divided the peo{de into three tribes, he chose 
from each tribe 100 youns[ men, the most distinguished for 
their rank, their wealdi,and other accomplishments, who should 
Ferve on horseback, and whose assistance he miffht use for guard- 
ing his person. These 300 horsemen were called cklbres,' and 
divided in|i^ three centuries, which were distinguished by the 
same names with the three tribes: namely, ramvensbs, tati> 
B3(SEs, and lucbrbs. 

The number of the eqnites was afterwards increased, first b> 
Tullus Hostilius, who chose 300 from the Albans ;^^ then by 
Tarquinius Friscus, who doubled their number ;'^ retaining the 

1 per fic rip la ad Vbth htgg- fit. 19> Don. 17. prrll, ct toctiBtiia pri- 10 deeea tarniBi; tvr> 
tok S«xL 80. TlIe^WB. Lif. uxir. ma, qual tona* dicta 

S par adIeU at eaatH- S beacfida. 6. aat, qaod tcr daaia 

talioaaa. • PUa. a. 96, 07. 110. 9 *»x»t in t« #m, ad a^utiboa conatarrt, 

S qaaal priva lagb, A. 7 tan araataa evaeta, apera wWcat, Dionj. Vatr. Faat. Ur. I 

flail, a. 90. priaeipibasaoHta,Vea* li. l8.Tal a>»Xirt,«H)ufla SO. 

4 lagaa pHvatla bonbU |*'^o decravit, Tac. deaaltoriai; ral a C •> 11 naiaara altanun ta» 

Wa Irrafari: M cat HiaUtr.t. laia, eoraai pnafccto, Uaadjeck. 

aakai priTilagiam, Ciai S las ra^. t*! ki Im- Vaat. 

TIK BQUint. 91 

number and naniM of the oenturies ; only tboie who were added 
were called Ranmensei^ TYUietuet, Luceru, paienorei. Bet 
aa LiTy aays there were now 1800 in the three oentnriefl^ Tar- 
qoin aeema to have done more than double them.^ 

Servioi Tullius made eighteen centuries of equites ; he choee 
twelve new centuries from the chief men of the state, and made 
aiz others out of the three instituted by Romulus. Ten thou- 
sand pounds of brass were riven to each of them to purchase 
hones ; and a tax was laid on widows, who were exempt from 
other contributions, for maintaining their hones.' Henoe the 
oriffin of the equestrian order, whidi was of the greatest utility 
in the state, as an intermediate bond between the patricians and 

At what particular time the equites first began to be reckoned 
a distinct order, is uncertain. It seems to have been before 
the expulsion of the kings.' After this all those who served on 
horsel^ck were not properly called sguiTSs or knights, but such 
only as were chosen into the equestrian order, usually by the 
censor, and presented by him with a hone at the public expense, 
and with a gold ring. 

The equites were chosen promiscuously from the patricians 
and plebeians. Those descended from ancient families were 
callea illustbbs, sPBCiosiy and sPLxiiDini. They were not limit- 
ed to any fixed number. The age requisite was about eighteen 
yearSy* and the fortune,' at least towaids the end of the repub- 
lic, and under the emperon, was 400 sestertia, that is, aooat 
3^fi9L of our money.' According to some, every Roman citi- 
zen whose entire fortune amounted to that sum, was every lus- 
trum enrolled, of course, in the list of equites. But that was 
not always the case. A certain fortune seems to have been always 

The badges of equites were, 1. a horse given them by the 
public ; hence called LBeirnius ;' 2. a golden ring, whence an- 
irvLo Auaso dovari,' to become a kniffht ; 3. angustus ciavusy or 
tunica aa^gmticUma ; 4. a separate j^ace at the pi#lic specter 
des, according to the law made by \u Roscius Otho, a tribune 
of the people, A. U. 686,^^ that the equites should sit in 14 rows,*^ 
next to the orchestra, where the senaton sat ; whence skdbrx 
uv ouATUOBOEcm, or in bqiticstbibus ; or spbctarx or sguiTB,'' to 
be A knight. 

The office '' of the equites at first was only to serve in the 
army : but afterwards also to act as judges or jurymen,^* and to 

1 Lit. L at. B«a«lM miarion of the SftbkMt 6 Hor. Bp. I. 1. 57. 11 in sir 

wnhMa aided two Isto tte eitr, OioaT. iL PUa. Bp. i. ItL U for cq«ita •w^ 

hwHlni to 0^1 oe»> 4T. 7 Llv. r. 7. UU S7. Sntt. 

tm 9t o^oilM. mhe tUw.\.4a. 8 Or. P. iU. IM. IS muu*. 

adkUd OM kMirad lo 8 Ur. L 16, H. L • for iater moilM Vgi. 14 at jadicvenl. 

Ui« ammhn of Oo w 4 Dia Ui. 10. 10 Dhk xnTt 25. J«v. 

Mtoii, spM tko ad* S oaHU. UL Hi. *lr. 8U. 


(krm the public revenaea.^ Jndges were chosen from the 
Date till the year of the city 631, at which timey on acooont of 
the corruption of that order, the right of judging was transferred 
from them to the equites, by the Sempronian Taw, made by C. 
Gracchus. It was again restored to the senate by Sylla ; but 
afterwards shared between the two orders. 

The equites who farmed the revenues were divided into cer- 
tain societies, and he who presided in such a society was called 
MAoisTBB sociKTATis.' Theso farmers ' were held in such respect 
at Rome, that Cicero calls them homines ampUsgimi^ honesHsshni, 
et omatissimi ; flos equitum Romanorumy omamerUum dvitatis, 
firmamentum reipublicce,* But this was far from being the case 
in the provinces, where publicans were held in detestation/ es- 
pecially their servants and assistants. 

A great degree of splendour was added to the equestrian or- 
der by a procession ' which they made through the city every 
year on the fifteenth day of July/ from the temple of Honour^ 
or of MarSy nathout the city, to the Capitol, riding on horse- 
back, with wreaths of olive on their heads, dressed in their toga 
pabnatm^ or trabem, of a scarlet colour, and bearing in their 
hands the military ornaments which they had received from 
their general, as a reward for their valour." At this time it was 
not allowable to cite them before a court of justice : such was at 
least the case under Augustus.' 

Every fifth year, when this nrocession was made, the equites 
rode up to the censor seatea in his curule chair, before the 
Capitol, and dismounting, led along ^° their horses in their hands 
beiore him, and in this manner they were reviewed.^^ 

If any eques was corrupt in his morals, or had diminished his 
fortune, or even had not taken proper care of his horse, the 
censor ordered him to sell his horse,'' and thus he was reckoned 
to be removed from the equestrian order ; hence AnmKBB sgnuM, 
to degrade an eques: but those whom the censor approved, 
were ordered to lead along ^^ their horses.^* 

At this time also the censor read over a list of the equites, and 
such as were less culpable were degraded^' only by passing 
over their names in the redtaL"^ We find it mentioned as a 
reward, that a person should not be obliged to serve in the 
army, nor to maintain a public horae,^^ but this exemption 
could be granted only by the people.^" 

The eques whose name was first marked in the censor's books, 
was called bqubstris ordinis pbikceps.^ or princrps juventutis ; 

1 TMtlalb rimdvcfrt. Ur. ix. 4|l. lar. tri not? rant, 

'i Cic turn. KiiU 91 6 Dloar. «L 19. Plia. U Gell. it. SO. Lit. 16 8ai t Cal. 16. 

• niUieini. %r. 4, 5. x&U. S7. 17 ne invttat aiilUr»t. 
4 I<eg.M«iiiL7.Plane.0. 9 Soet, An;. 38. 13 traduceiv. nera eeiuar et eqaam 
9 Am. Cie. V«rr. IL S. 10 *radMcfauit. 14 Ot. T. it. 80. MbUenn HclKuivt. 

• trutr«etiaB« II Cie Civ. 46. Oain. 6. 15 %v\ minora nipt te- 18 Uv. nxis. IB. 
7 idabm j^viocUliirafl. 11. 18. reoagnMoi»b«n- iwrentnr, ordinet^M^ IB Ptio. Bp. L 14. 


not thai in reality the equites were all young men, for many 
grew old in that order, as ^IfBoenaa and Atticus; and we find 
Uie two eeniors, larias and Nero, were equites,' but becauie 
they had been generally 8o at their first institution ; and among 
the Romans men were called juvenet till near fifty. Hence we 
find Julius Caesar called adoletceniuhu, when he stood candidate 
lor being high-priest, although he was then thirty-six yean old, 
and Cicero calls himself adolescent when he was consul.' Un- 
der the emperors, the heirs of the emjnre were called principes 
juvemlMti*, rtljuvemtfn,' We find this name also applied to the 
whole equestrian order.* 


All the other Roman citizens^ besides the patricians and equites, 
were called plbbs or populus. Popuius sometimes comprehends 
the whole nation; as, clbmbbtu popvli bobami: or all the peo- 
ple except the senate; m, shnatus popuLusgua bomabus. In 
which last sense pld>8 is also often used ; as when we say, that 
the consuls were created from the plebeians, that is, from those 
who were not patridans. But plehs is usually put for the low- 
est common people; hence, ad populum puiemque referre.* 
Thus Horace : piebs erit^ i. e. tmua e pUbe^ a plebeian, not an 
eques ; who also uses plebs for the whole people.* 

The common people who lived in the country, and cultiyated 
the ground, were called plbbs bustica.^ Anciently the senators 
also did the same, but not so in after times.^ The com»aou 
people who liTcd in the city, merchants, mechanics, &c. were 
called PLKBS UBBAMA.*^ Both are joined, ^al. Jug. 73. 

The PtBBs RusTiCA was the most respectable.^" The plbbs ub- 
BAKA was composed of the poorer citizens, many of whom fol- 
lowed no traae, but were supported by the public and private 
largenes.^^ In the latter ages of the republic an immense 
quantity of corn was annually distributed among them at the 
public expense, five bushels monthly to each maik^ llieir 
principal business was to attend on tbe tribunes and popular 
magistrates in their assemblies ; hence they were callea tdrba 
FOBBBsis," and from their renality and corruption, opbbjs con- 
DUCTA rel mercenariif in allusion to mercenary workmen,'* 


TJt,'' coNCioBALis BiBUDO orarii, misera ac j*yuna plxbbcula,'^ 
WMOi BT soBOEs uRBis,^ URBANA et perdito plebs.^ 

I Ut. ssh.yr. 8 Eb. It 1. «9. Od. Ui. m», Cie, RulL U. 31. 14 Cic SnU 17. 27. i 

SSaU.CM.4aiPkU.n. li.l. Uwiatuitaa, Plia. fVitr. U. 1. Att. i. U. 

A. 7 Ur. snr. I. btUI. S. U S«iL 50. 

S Snct. Gd. 1». Or. P. 6 Cie. S«u K. Ur, Ui. 11 ms pobUeam maliim 16 Piitl. i. 9. 

0.9. 41. Se. alalnt. iMil. Cat. S7. 17 SexU4fi.S9 

« Ur, xin. il. B Cie. Oft L 42. SalL U Sail, Fnc. •i, CotU M AU. L 16. 

S Cie.Faa.vUL8.GclL Cat. 37. p. 974 19 lb. 13. 

a. 16. la optima clB«dHtiMl> 18«. teid.riLi. 


Gioero often opposes the populace ' to the priacipal nobility. 
There were leading men among the populace,' kept in pay by 
the seditious magistrates, who used (or hire to stimulate them 
to the most daring outrages.* The turbulence of the common 
people of Rome, the natural effect of idleness and unbounded 
licentiousness, is justly reckoned among the chief causes of the 
ruin of the republic Trade and manufactures being considered 
as senrile employmeniB/ they had no encouragement to indus- 
try ; and the numerous spectacles which were exhibited, parti* 
cuhurly the shows of gladiators, served to increase their natural 
ferocity. Hence they were always ready to join in any con* 
spiracy against the state.*^ 




That the patricians and plebeians might be connected together 
by the strictest bonds, Romulus ordained that every plebeian 
should choose from the patricians any one he pleased as his pa- 
tron or protector, whose clibnt he was called.^ It was the part 
of the patron to adrise and to defend his client, to assist him 
with his interest and substance ; in short to do eyery thing for 
him that a parent uses to do for his children. The client was 
obliged to pay all kind of respect to his patron, and to serve 
him with his life and fortune in any extremity.' 

It was unlawful for patrons and dtents to accuse or bear wit- 
ness against each other ; and whoever was found to have acted 
otherwise, might be slain by any one with impunity, as a victim 
devoted to Pluto and the infernal gods. Hence both patrons 
and clients vied with one another in fidelity and observance, 
and for more than 600 years we find no cussensions between 
them.' Virgil joins to the crime of beating one's parent that 
of defrauding a client.^' It was esteemed highly honourable for 
a patrician to have numerous clients, both nereditary, and ac- 
quired by his own roerit.^^ 

In after times, even cities and whole nations were under the 
protection of illustrious Roman families ; as the Sicilians under 
the patronage of the Maroelli,^ Cyprus and Cappadocia under 
that of CatoT', the Allobroges under the patronage of the Fabii," 
the Bononienses, of the Antonii,^' Lacedsemon, of the Claudii.^ 
Thus the people of Puteoli chose Gassiua and the Bruti for their 

1 mmIm, plebt, ■■!• Sast. 4S. 66. ftc 7 qmd cum eokbkt. lii. 18. 

titado, tMoItns, S doem mttltitodlBUR. 8 Dionjr. u. 19. 13 Clc. Faa. sv.^ 

fte. 4 SalL Cat. SO. Gi«. 9 U»4. 14 S«1L Cat. 41. 

S priMlwa dalaett, of Sm*t. 87. 46. 10 Ma, ri. 609. 1» Soct Aax. 17* 

ifmatea at opduatiaa 5 Sail. Cat. 4. OUnf. 11 Hor. Ep. iL 1. lOS. 16 Id.T%.6. 

]irfaielpM,hoaMtl,boniI, li. SI. Jar. z. 44. 

bcmpfelea, ftc. Ck. 6 Sail. CaL S7. U Cic Cm. 4. Von, 

potions,' Capua chose Cioero.' ThU, however, seems to have 
taken place abo at an early period.' 

Those whose ancestors or iheouelves had borne any corule 
maristxacy, thai is, had been ccmsnl, praetor, censor, or curuJe 
mdm^ were called HOBaai, and had the right of making images 
of tbemselfes, which were kept with great care by their pos- 
terity, and cairied before them at funeraliL* 

These inuge^ were nothing else but the busts or the effigies 
of persons £>wn to the shoalders, made of wax and painted ; 
which they nsed to place in the courts of their honsesy' endosed 
in wcK>den cases, and seem not to hare broucht them out, ex- 
eepi on solemn occasions.' There were titS&s or Inscriptions 
written below theoi, pointing out the honours they had enjoyed, 
and the exploits they had performed.' Hence itnagmes is often 
pnt for nooUUasf and cerm for imagmet.^ Anciently this right 
of images was peculiar to the patricians ; but afterwards the ple- 
beians also acquired it) when admitted to eumle offices. 

Those who were the firrt of their family that had raised them* 
selves to any cunile office, were called naminet hovi, new men 
or upstarts. Hence Cicero calls himself homo per at cogmius.^^ 

Tnose who had no images of their own or or their ancestors, 
were called leif obues. 

Those who favoured the interests of the senate, were called 
opTiHATBs,^ and sometia^ies proceru or principe$ ; those who 
siadied to gain the ftivoor of the multitude, were called popo- 
LABXs, of whatever order they were.^ This was a division of 
factious, and not of rank or dignity." The contests betwixt 
these two parties excited the greatest commotions in the state, 
which finsby terminated in the extinction of liberty. 



Tkb Romans were divided into various clans (qentbs), and 
eadi gent into several families.^* Thus in the gens Cornelia 
were Uie families of the Scipiones, Lentuli, Cethegi, DolabellA, 
Cinnse, Syllas, &c. Those of the same gens were called gbh- 
TII.BS, and those of the same ftimily aonati.^' But relations by 
the father's side were also called agnatic to distinguish them 
from cognatif relations only by the mother's side. An agnatut 
might also be called cognatutf but not the contrary. Thus pa- 
tnaUf the father *s brother, was both an agnatut and cognatus : 
but ammeubtt, the mother's brother, was only a cognatus?^ 

Anciently patriciAns only were said to have a gens.^' Hence " 

1 Ofo.FkU.IL4I 5 atrU. • Or. A. 1.8.68. 18 dr. T011. c 6. Fo A 

SCk. Pk. 11. Vuk • Polvb.Ti.5l. lOCfttLll. ia too* GmtilM. 

>vi 11. Y Jut. Sat. vltL M. llUr. U.O. 16 Digest. PUa. nocr.l. IS CIc Saxt.45. 17 Ur.s. 6. 

«>MteiiSiBW, PDb. SSdLJ«g.8S.Ur. IB. IBDiMf. h.l. 18 Cls. Paau b. U. 

K«KT. S. AS. H ia faniluB r. ttirpeh 


86 ROMAlf'ANTfQaiTIICl. 

•ome patricians were laid to be ma^orum gentium, and othert 
mtJiomm gentium. But when the plebeians obtained the right 
of intermarriage with the patricians, and access to the lionours 
of the state, they likewise receired the rights of gentes, which 
rights were then said to be confounded By these innorations.^ 
Hence^ however, some gentes were patrician, and others ple- 
beian ; and sometimes in the same gens there were some fami- 
lies of patrician rank, and others of plebeian. Hence also sine 
gemte, tor iiberiinue et non generosus, ignobly bom.' 

To mark the different gentes and familiae, and to distinguish 
the individuals of the same family, the Romans, at least the 
more noble of them, had commonly three names, the prmnomen, 
nomen, and cognomen^ 

The pjuBNOMBN was put first, and marked the individual. It 
was commonly written with one letter ; as, A. for Aulus ; C. 
Gains; D. Decimus; K. Kaeso; L. Lucius; M. Marcus; M\ 
Manius; N. Numerius; P. Publius; Q. Quintus; T. Titus; 
aometimes with two lettera, as, Ap. Appius; On. Cneins; ^'pw 
Sporius; Ti. Tiberius; and sometimes with three, as. Mam. 
Mamercus; Ser. Servius; Sex. Sextus. 

The NOMBv was put after the prsenomen, and marked the gens 
and commonly ended in -ius ; as, Cornelius, Fabius, TulliuiL 
Julius, Octavius, &c The coovombn was put last, and nuirked 
the familia; as, Cicero, Caesar, &c. Thus, in Publius Cornelius 
Scipio, Publius is the prsnomen ; Cornelius, the nomen ; and 
Scipio, the cognomen. 

homt gentes seem to have had no surname ; as the Marian ; 
thus, C. Marius, Q. Sertorius, L. Mummius.* Gens and familia 
seem sometimes to be put the one for the other : thus, Fahia gens, 

Sometimes there was also a fourth name, called the agvohen 
or cognomen, added from some illustrious action or Remarkable 
event llius Scipio was named Africanus, from the conquest o f 
Carthage and Africa. On a similar account his brother Lucius 
Cornelius Scipio was named Asiaticus. So Quintus Fabiiis 
Maximus was called Cunctator, from his checking the impetu - 
osity of Hannibal by declining battle. We find likewise a se- 
cond agnomen, or cognomen, added ; thus, tlie latter Publius 
Cornelius Scipio Africanus is called iBmilianus, because he was 
the son of L. ^milius Paulus, and adopted by the son of the 
great Scipio, who had no male children of his own. But he is 
commonly called by authors Africanus Minor, to distinguish him 
from the former Scipio Africanus. 

The Romans at fint seem t3 have had but one name, as, Ro- 
mulus, Remus, iic, or two ; as, Numa Pompilius, TuUus Uosti- 

I JwBe«itkai,T«lpwa- I Sm(. TIb.l.ll«r.S«t. S J«t. r. lit. Qais. 4 FlaL fai Matio. 
I&ias Uv. iv. 1. &.c li. 5. lA. TiU. S. 17. ft lir. U. 40. 

QEMTES, rAMlLlfi, &C. S7 

lius, Ancus Martios, Tarquinius Pnscus, Seryius TuUiniy 8ex« 
tas Tarquinius. But when they ivere divided into tribes or 
clans and fionilies,' they began commonly to have three ; asy L. 
Junius Brutus, M. Valerius Poplicola, &c. 

The three names, however, were not always used ; commonly 
two, and sometimes only one, namely, the surname.' But in 
speaking to any one, the prsenomen was generally used, as b^ 
ing peculiar to citizens ; for slaves had no praenomen. Hence, 
gaudeni pranumine molies ouricukB.^ 

The surnames were derived from various circumstances ; either 
from some quality of the mind, as, Cato from wisdom, i. e. catut, 
wise '* or from the habit of the body, as, Calvus, Crassus, Maoer, 
&C.; or from cultivating particular fruits, as, Lentulus, Piso, 
Cicero, &c Certain surnames sometimes gave occasion to jests 
and witty allusions ; thus, Asina f so, Serranus Calatinus f hence 
also in a different sense Virgil says, vel te sulco, Serrano, serein 
tent,'' for Q. Cindnnatus was called serranus, because ^e am- 
bassadors from the senate found him sowing, when they brought 
him notice that he was made dictator.^ 

The prasnomen used to be given to boys, on the 9th day, 
which was called dies histricus, or the day of purification, when 
certain relifiious ceremonies were performed/ The eldest son 
of the fiamily usually got the pnenomen of his father; the rest 
were named from their uncles or other relations. 

When there was only one daughter in a family, she used to 
bo called from the name of the gens ; thus, TuUia, the daughter 
of Cicero; Julia, the daughter of Caesar; Octavia, the sister of 
Augustus, &C.; and they retained the same name after they 
were married. When there were two daughters, the one was 
called Major, and the other Minor ; thus, Cornelia Major, Cor- 
nelia Minor. If there were more than two, they were distin- 
guished by their number ; thus, Prima, Secunda, Tertia, Quarta, 
Qointa, &c. }^ or more softly, Tertulla, Quartilla, Quintilla, 
&c.^^ Women seem anciently to have also had pronomensy 
which were marked with inverted letters ; thus, for Caia, 'I 
for Lucia, &c. 

During the flourishing state of the republic, the names of the 
gentes, and surnames of the familiae, always remained fixed and 
certain. They were common to all the children of a family, 
and descended to their posterity. But after the subversion of 
liberty they were changed and confounded. 

Those were called libkri, free, who had the power of doing 
what they pleased. Those who were born of parents who had 

1 bi entM ct famU b« leeth^ with la^ 6 de. Sext. 88. 10 Varr. Lat. -win. 88. 

lUa. Utinm dtlM, Uor. SaC 7 Xn. r\. 8M. Saet- Jol. M. 

S Sail. C^ IT.Ch. &. U. ». 88. 8 Plln. zriii. 8. 11 Cia. Alt. air. 80. 

paasla. 4 Cb. S«a. 8. te. 9 Mienb. Sal. I M. 

a dalkiM can 1ot« to » H«r. Kb. L 18. 9. Sact. N»r.*6b 



been always free, were called iyjoknul Slaves made free were 
called LiBSBTi and libertini. They were called liberti in rela^ 
lion to their masters, and libertini in relation to fireebom citi- 
sens ; thus, libertus mens, liberius CcBsaris, and not libertimu ; 
but iibertintis homo, i. e. non ingmuus, Servus eum manu mUii- 
tur^Jit libertinus,^ {non libertus.) 

Some think that libertini were the sons of the liberti, from 
Suetonius, who says that they were thus called anciently ;' but 
this distinction never occurs in the classics. On the contrary, 
we find both words applied to the jame person in writers who 
flourished in different ages.^ Those whom Cicero calls liber- 
tini, Livy makes qui servitutem eervissent,* Hence Seneca 
often contrasts servi et liberi, ingenui et libertini.* 



Mkn became slaves among tlfe Romans, by being taken in war, 
by sale, by way of punishment^ or by being bom in a state of 

1. Those enemies who voluntarily laid down their arms and 
surrendered themselves, retained the rights of freedom, and 
were called dedititii.^ But those taken in the field, or in the 
storming^ of cities, were sold by auction (sub coronOy as it was 
termed,^ because Uiey wore a crown when sold ; or sub htuta, 
because a spear was set up where the crier or auctioneer stood). 
They were called skrvi,' or mancipia.^" 

2. There was a continual market for slaves at Rome. Those 
who dealt in that trade '^ brought them thither from various 
countries. The seller was bound to promise for the soundness 
of his slaves, and not to conceal their faults.^' Hence they were 
commonly exposed to sale ^ naked ; and they carried a scroll 
hanging at their necks, on which their good and bad qualities 
were specified.'* If the seller gave a false account^ he was 
bound to make up the loss, or in some cases to take back tlie 
slave.'^ Those whom the seller would not warrant,'^ were sold 
with a kind of cap on their head.^' 

Those brought from beyond seas had their feet whitened 
with chalky'^ and their ears bored.^^ Sometimes slaves were 
sold on that condition, that if they did not please they should be 
returned within a limitod time.^ Foreign slaves, when first 

1 Qua. TiU.S.«7. 6 arrri aat na«c«b«ii- lUii, CicOr. 70. qui re- 17 pikfttU G«U. vS. 4. 

t Clwd. M. ao laid. ix. t«r ant ftebint. lulra kababant, rlaut. 18 creUtia t. gypaati* 

4. 7 Ut. tU. tfl. Oa. i. Trin. ii. 2. 51. pedlbna, Plin. Hiat. 

9 Plant Mil. Gler. Ir. S7. 13 Hor. SaU il. 3. 289. xxxr. 17, 18. a. M. 

1. lA. 14. 1 fc. V«rr. i. 8 Ur. t. tt. he. 13 prodnoabaatar. TibuU. Ii. 8. 04. 

47. 9 qoodeaaaatballo tar- 14 titalaa vd iofoiipUo, 19 MtibM parferada, 

4 Cie. Or. 1. 9. Ur. xir. vatL laid. is. 4. OalL ir. t. Jut. i. 104. 

19. 10 quait rnana cM>> 1^ Cic. Off. ii*. 16, 17. 90 radblbcimtOT, Cic. 

» Vit.B«at.a«.Kpk3l. Vtrr. Lat. T. 8. 98. Oft*. Ul. M. Plant. 

he, 11 maa^oubf vel Ten«. 10 prsaCara. Moat. iii. S> 118. Kcii« 


bransht to the city, were called vBVALn, or skeyi icovicii:^ 
sisrofl who had serTod loD||r^ aud hence were become artful, ve* 

It was not lawful for free-bom citixens among the Romania 
as amonfr other nationl^ to sell themselves for slaves, much less 
was it alfi>wed any other person to sell free men. But as this 
f^ve occasion to certain frauds, it was ordained by a decree of 
the senate, that those who allowed themselves to be sold for the 
sake of sharing the price, should remain in slavery. Fathers 
might, indeed, sell tn«ir children for 8la?es, but these did not 
on that account entirely lose the rights of citizens. For when 
freed from their slavery, they were neld as ingenui, not liber- 
tini. The same was the case with insolvent debtors, who were 
given up as slaves to their creditors.' 

3. Criminals were often reduced to slavery, by way of pun* 
ishmenL Thus those who had neglected to get themselves en- 
rolled in the censor's books, or refused to enlist,* had their 
goods confiscated, and, after being scourged, were sold beyond 
the Tiber.' Those condemned to the mines, or to fight with 
wild beasts, or to any extreme punishment, were first deprived 
of liberty, and by a fiction of law, termed slaves of punishment' 

4. The rhildren of any female slave became the slaves of her 
master. There was no regular marriage among slaves, but 
their connection was called contubbrnium, and themselves, con- 
tubemaies. Those slaves who were bom in the house of their 
masters, were called VKBif a, or vemaadi ; hence Hngua venut- 
euia, V. -arts, one's mother tongue. These slaves were more 

Sotiilant than others, because they were commonly more in- 

The whole company of slaves in one house, was called fami- 
LiA,' and the slaves, famiHares.* Hence familim ph ilosaphorym, 
sects ;^'^ senteniiaf qua familiam ducit, hoicestum quod sit, io bbsr 
SOLUM BONUM ; the chief maxim of the Stoics ;^^ Lucitu familiam 
ducit, is the chief of the sect ^ accedit etiam^ quod familiam du" 
cit, ice is the chief ground of praise.*' 

The proprietor of slaves was called domikus '}* whence this 
word was put for a tyrant** On this account Augustus and 
Tiberius refused the name.^' 

' Slaves not only did all domestic services, but were likewise 
employed in various trades and manufactures. Such as had 

I Oo- Q«!a. 6. Plia. 5 nis mmat, kow«v*r. Par. r. 9. hmillA «eii* 10 CiePlii. Ir IS.DIr. 
Yf. I. 81. OBiA> {• IS* ha.n mak bito a mer* tut n mit1« ptaribaa, U. 1. Att- il. 16. 
t. tHL S. S. form, atUr the nt«»> Cb. Coe. 19. qniade. 11 Id. Fin. 11. It. 

8 Tvr. Hciat. ▼. 1. ■Ion of tka Romub tw ela Ubori homln^a, pc 18 Id. Fktl. t II. 

16. ritoriM, Bd. — Ck. pnlasMt: toddomMT. IS FobI' irU. ft. 

• In MrTUolm crodl. CM.SV tI, fuoUUi; totidcn 14 T^r. Bnn. Ui. 8. 8S. 

•oriboo'oadlrti, QMa. 6 terri pcna fluibu- Tlnetl, crguttdui, 1ft LIr. ti. 66. 

«l 3. 96. ▼. 10. tS. tar. Ami. Apol. 16 Sort. Aog. ». 14. 

4 f«| cnmm nt atB. 7 H«r. S«U U. 6. 66. 9 die. Ccol. 33. Plaot. 87. Toe. Ana. 1. ff . 
tba •■MorfcfiUnt. Nop. Att. 18. de. Anph. Prol. 137 




a genius for it, were sometiines inatnicted in literaiure and Um 
liberal arts;^ some of these were sold at a great price :* beace 
arose a principal part of the immense wealth of Crassus.^ 

Slaves employed to accompany boys to and from school, were 
called PADAQooi ; and the part of the house where those young 
slayes staid who were instracted in literaturey* was called pju»a- 

Slaves were promoted according to their behaviour ; as, from 
being a drudge or mean slave in town,* to be an overseer in the 

The country farms of the wealthy Romans in later times were 
cultivated chiefly by slaves.' But there were also free men who 
wrought for hire as among us.' 

Among the Romans, masters had an absolute power over 
their slaves. They might scourge or put them to death at 
pleasure.^^ This right was exercised with so great cruelty, espe- 
cially in the corrupt ages of the republic, that laws were made 
at different times to restrain it llie lash was the common 
punishment ; but for certain crimes they used to be branded in 
the forehead, and sometimes were forced to carry a piece of 
wood round their necks wherever they went, which was called 
FuacA ; and whoever had been subjected to this punishment was 
ever afterwards called wrcifer.^' A slave that had been often 
beaten, was called mastigia, or vrbbero." A slave who had 
been branded was called stiomatias, v. "icus^ in$criptus,^* litera- 
tusj^ Slaves also by way of punishment were often shut up in 
a work-house, or bridewell,^* where they were obliged to turn a 
mill for grinding corn.^' Persons employed to apprehend and 

1 «rtlbas iagBiiBti, K- 
bualibua, t. bonettit, 
Cle. H«r. Bp. ii. 8. 

a Plin. Tfi. M. •. 40. ' 
Su. Ep.C7 Snct.Jal. 
47< Ck. Rots* Cora. 

• Slarm Men to have 
been, genermlljr, let ont 
ander coatrMts be> 
tmw i their ewner and 
enplojer; ^ but they 
were tometiiiiee a11ow> 
ed to find work for 
Ihenoelve*, on eoodt* 
tloA of their brincinf 
ia, all or part of u«ir 

Sine, to their nuMter. 
10 oUvA antunt of 
Cnnna teem to have 
boon maaa^ed in the 
fornor way, and thia 
will BOreaatbfaetorilf 
•eeoant for his woalth, 
than if we ooostdar tt 
to have ariaen from 
rhf rr t«b, aa BoalioiMd 
in iho text,— hia band 
of arahitoeta aad m*. 
aoM al«M caeteded 

flOOr^Bumpleo of tbo 
latter mode majr bo 
fevnd ia the eoeks in 
the Anlalaria and 
Paradolna of Flamtaa ; 
and thoto of tbo aaiao 
elaaa mentioned by 
Piiny, xrili. II. If we 
esllaiate tho price of 
laiMmr by the pay of a 
fcot Midiar, we find 
that after the reign of 
Domitiaa it aaoanted 
to li denariua, or 9id 
per day; of whidk ftVK> 
pence might remain 
after atoppagea ■ thia, 
to the pnirehaaor of a 
alare for £80, would 

Sield a retnra of nearly 
per oent npon hia 
capital; and Cioero 
■oema to aay that a 

t;ood workman might 
a hia time nt 18 aa- 
aaa, or lOAeVdayibat 
not more. Pnraim in- 
timataa that a aiavo 
whoae diuly hire a> 
moonted to no mere 
than S aoMa, waa ae* 

QOonlod vary worthleaa 
in hia age — See thia 
anbjoel treated more 
fully in Blair on Ro- 
man SlaToryjji. IM, et 
ceq«— Ed.— Plat. Cras. 

4 litern aervilea, Sen. 
Ba. 88. 

5 Piin. Bp. tU. 87. 

7 ▼ilUcuB, Hor. Bp- i. 

8 P'un. xviii. 8. 

9 mercenartt, Cb. Off 
i. 18. Cae. 59. 

10 Jar. Hat. ri. 819. 

11 Stoeha, of rarioua 
kind*, aad known by 
dUTareot names, were 
much aacd in pnnish- 
ina slaves. One sort, 
called iHiaHUa, mnst 
have been very aevere, 
if it resembled an in* 
alniment of the aame 
name, used for faaten- 
ing refractory eatUe. 
Of a similar deserfp- 
tlon with Btodca, waa 
tho blook of wood (««^ 
dw), to whidi oSbn- 

dera were chained by 
tho leg; and whkfa 
eoold Bometlmra be 
dragged after them, 
bat was anerally t«- 
moTabte, Blair, p. 106. 
— E0. 

18 Ter. Adal. r. 8- 6. 
Pkorm. iv. 4. S. 

13 i. e. notis oompaw:- 
taa, de. Oft. li. 7. 

14 Mart. tIU. 7ft. 9. 

Ifi PUat. Gas. 11.8.48. 
i. o. litaria inaertpttta : 
as, nma literata, Plawi. 
Bad ii. 5. 21. enalrn. 
Ins literataa, &«• Id. 
ir. 4. 118 

10 in ergaatnlo, t. fin* 

1? While thms raplOT. 
ed they were eenermll.' 
chained, and had a 
wooden collar or board 
(p««ric*f«^, ranad 
their necks to prevcet 
their eating the grain. 
—Ed. Phuit. et Trr. 
passim, Sen. Ben. ir. 

bring' back' slavM who fled from their masters (meiTivi,/ 
were called fuoitivabii.' 

When ikTea were beaten, they used to be suspended with a 
weight tied to their feet^ that they might not more them.^ To 
deter slaves from offending, a thong* or a lash made of leather 
was commonly hang on tlM staircase ;' but this was chiefly ap- 
plied to younger slaTes.^ 

SJatos when punished omitally were commonly cmciiied, 
but this punishment was prohibited under Constantino.' If a 
master of a family was slain at his own house, and the murder 
not disoorered, all his domestic slaves were liable to be put to 
death. Uenoe we find no less than 44)0 in one fiunily punished 
on this account ^^ 

Slaves were not esteemed as personi^ but as things^ and might 
be transferred from oue owner to another, like any other effeds. 
Slaves could not appear as witnesses in a court of justice,^^ nor 
make a will, nor inherit anv thing ;^* but gentle masters allowed 
them to make a kind of will f^ nor could daves serve as soldiery 
unless first made free,^* except in the time of Hannibal, when, 
aiUx the battle of Cannae, 8000 slaves were armed without being 
freed.^* These were called voloksb, because they enlisted vo* 
luntarily ; and afterwards obtained their freedom for their bra 

Slaves bad a certain allowance granted them for their suste- 
nance," commonly four or five pecks ^ of grain a month, and 
five denarii, which was called their mbnstruuii.^ They like- 
wise had a daily allowanoe ;^ and what they spared of this^ or 
procnred by any other means with their master's consent^ was 
called their pbguliuh. This money, with their master's per- 
mission, they laid out at interest^ or purchased with it a slave 
for themselves, from whose labours they might make profit 
Such a slave was called 9ervi vicarius,'^ and constituted part of 
the pecttlittm, with which also slaves sometimes purchased their 
freedom. Cicero says, that sober and industrious slaves, at 
least such as became slaves from being captives in war, seldom 
remained in servitude above six years." At certain times slaves 

1 fc«rik«r«, T«r. Hea. Klh li. FUL it 9. «e rafrr to Blair's •»• IB quui iMlaaMaU U- SJbt. Ti. U9. Ofl. MlUai work aa Bo- cw*. PUn. Ep. vUL 1^ 

2 Qc Fan. T. 9. V«rr. r. 8. St, Are. naa tUrtrr, from 14 U. z. 90. Hmr, Virg. 
S Flor. QL 19. 9 hUa ia th« MBptra, wliieh iMat of oar iBo. l>. 547. 

4 PUdU Aaia. fi. 2. banlng alire vaa •■> noiaa om this aabjact 15 Ur.uui.S?. 

K, *«._Aal. It. 4. IS. ployad, aaMf statbar bsTe bem drawn ; tba W Fast. Lhr. sslr. IC 

Ttr* FkORB. i. 4. Darbaroaa aaaaa ot iaqaiaitiTa raad«r will 17 

43. aatiifjlaf the eriml* tb«ra find tbat Uttla 18 modiL 

• babana. m1 attdc^Blair, p^ naw eitbar ia tba in* 19 Donat. Ten Phorak 

6 ia aeaUa, Bar. Ea^ dO, aad sota 19<-Por atrttment or lactbod of 1. 1.9.8«a. Bb.80. 

it. 8. 19. • fall dataU of ibe ra- tortiua baa baaa is- 90 diariaa, Hor. Bp. L 

7 Sebd. ibid. im»- rlow aodaa of paa- veatad hj tba «»• 14. 40. 

babna toI fera- iMag alaTaa, aad ia- deraa,— Ko. 81 Mor. Sat. ii. 7. 791 

la plactcbaalar, Uk^. atroacoM of tortara 10 Tae Ann. lAr 43 Cic Vcr. i. M. Plaak 

D. u 83. da BC Stka. aaad far citraetiiiR 11 Tar. Phona.u.fiS. Asin. y. 4. S7. Mart. 

^atf Wen ja4a ia aea. avidanea Itmb tbaa, IS Plin. Bp. rili. IS. ir. iL 18. 7. 
fiawiUlatait.aaCic. aiMBg Ilia RaM«m lU Si PhiL tiN. 11. 

uere obliged Co make prvaenti to theii masten out of di«ir poor 
Buvings.' There was Mmelimei an agreement between llie 
master and the slave, that when the bUtc should pay a ceituD 
■um, the master ahaald ba obliged to give him his lilierty.' 

AlthoDf^h the state of ilsTes in point of right was the tainf^ 
yet iJieir condition in familiM itm very diflerent, according to 
the pleasure of their aasten and their diffcrent employmenta. 
Some were treated with indulgence; some served in chains, u 
ianitora and door-keepera ;' others were confined in work- 
boiuet below ground.* 

At certain limes slaves were allowed the greatest freedom ; 
<a at the feast of f^atum, in the month of December,* when they 
were served at table by their moslen," and on the Ideif of An- 

The number of alavea in Rome and throng Italy waa im- 
menio.' t^nnie rich individuals ore said to have had several 
thousands.' Wars were sometimes excited by an insurractkiD 

There were also puhllc slaves, who were used for variouspab> 
lie services," and especially to attend on the magistrates. ImIi 
condition was much more tolerable than that of private slftveii 
They had jearly allowances " granted them by the public'* 

There were also persona attached to the soil j" couceming Um 
state of whom writers are not agreed.'* 

Slaves anciently bore the prienomen of their matter; tbna, 
Alarcipores, Lucipores, Publrpores." Afterward* they ^ va- 
rious names, either from their country, or from other drcum- 
stanCfls ; as, Syma, Darus, Geta, Panneno,&c. in comic writen; 
Tin^ Laurea, Uionysia<i, &c in Cioero. hut slaves are usually 

Lu la- It c.i'ii HuiL L«>L 
d iba Pi1>ulp_il,lH.g<la: 



distingniflbed in the cUmbics by their different enployneBtt ; as, 
Medici, Qiimri^, Fedagogi, GrammaUciy ScribsB, Fabric Goqui, 

Slaves were anciently freed by three ways, censu^ vmdicta^ ei 

1. Per cKmuH, when a aUve^ with his master^s knowledge, 
or by his order, got his name inserted in the censor's rolL' 

2. Per TwmcTAM, when a master, going with his slave in hu 
hand to the praetor or consnl, and in the nroTinoes, to the pro- 
consul or propraetor, said, *' 1 desire that this man be finee ac- 
cording to the custom of the Bomans ;*'' and the praetor, if he 
approved, patting a rod on the head of the slave,* pronounced, 
* I say that this man is free after the manner of the Romans.*' 
WhMWipon the lictor or the master turning him round in a 
cirde, (which was called nuiTieo,)^ and giving him a blow on 
the cheek,* let him go,* signifying that leave was granted him 
to go where he pleased. The rod with which the slave was 
struck, was called vikoicta, as some think, from Vindicios or 
Vindex, a slave of the Vltellii, who informed the senate concern- 
ing the conspiracT of the sons of Bratus and others, to restore 
the Tarquins, and who is said to have been first freed in this 

3. Per TBSTAifBiiTUM, when a master gives bis slaves their 
liberty by his wilL If this was done in express words,' as, for 
example, davos saavus mbvs liber bsto, such freedmen were 
caUea OECiNi or Charoiut<By because they had no patron but in 
the infernal regions. In allusion to wliich, those unworthy per- 
sons who got admission into the senate after the death of Caraar, 
were by the vulgar called sbnatorss obcimi.^^ But if the testator 
signified his desire by way of reciuest, thus,^^ rogo hkrkdbm 
MKUM, UT DAVUH MAKuiuTTAT ; tho heir ^ retained the rights of 

Liberty procured in any of these methods was called justa li- 


In latter times slaves used to be freed by various other me- 
thods : by letter \^* among friends,^' if before five witnesses a 
master ordered his slave to be free ; or by table,^^ if a master bid 

1 Ck.«10. 
t Cic. C«c. 34. •. »• 

I li«iie lioaiinen liba- 
nm tne toJo man t«I 
Jmra QabitSum. 
Hot. Sat. U. 7. 76. 

9 Pfera. Sat. T. 7». 

6ate^ Uid. IK. 4. 
vb*ao0, nalto naJMia 
afaipii aMcun TeiMaat, 
Obartjr U aald, &c. 

7 e aaaa enlttabtl. 

e Ur. IW ». «k#ara 
alaa parStapa TtaAcara 
M BiMrtitteaf Ca Area ; 

amllcr, modo qoan 
^adkta redenlt, a 
wonaa ktalr fnMd, 
Or. A. la. 615. 

9 rarbii dbactia. 

16 Snet. Aag. 85. 

11 rarbis oracatiria. 

IS kmva Moelarioa. 

18 A naitar aiight, bf 
taataatanL iattTa frae- 
dpM to Ua alave, in 
any ena of tkraa wava : 
£rcetif, lat, bf oraar- 
iag that ha ahofUd ba 
ftae; or, Sadly, by 
txMng iha hair 

to nannmit bin; or 
iBdirecdy, 3dly, by/. 
d i k o mmtti . or Bln]^a 
raqoeat, addrtatad to 
tbe hair, that ha woold 
emsncipata the alara. 
The tvo flrat modea 
were alwaya lodefe*- 
aibla by tbahair; tba 
laat. It wa« ftnr somm 
time thottcht optional 
to him to fulfil or not; 
bat baqaattf of this 
natttra were put on a 
leval with direct Icga- 
elc», beCara ikatina of 

th« yonncer PIlav* A 
•lara, witheat Mlag 
made fraa In eipraaa 
termi, cot liberty and 
eititenahin, If he, hf 
order or either the 
teitator or the bair 
auended Ua aaater* 
fanaral, waarlna the 
fUtut, or f anned bb 
eorpae on the Urr^~- 
Blalr, p. 165.-.^D. 

II per apiatoUai. 

15 inter amieoa. 

IC par 



a slare eat at his table ;^ for it was thougrht disgraceful to eat 
with slaves or mean persons, and benches ' were assigned them, 
not couches. Hence imi 9ub9eUii vir, a person of the lowest 
rank.' There were many other methods of freeing slavei^ but 
these did not confer complete freedom.^ They only dischaiged 
them from 8er?itude, but did not entitle them to the pririleges 
of citizens ; unless afterwards the yindicta was supeiwlded, in 
presence of a magistrate.^ 

Anciently the condition of all freed slares was the same: 
they obtained the freedom of the city with their liberty , accord* 
ing to the institution of Servins TuUius.' They were, howoTer, 
dbtribnted among the four city tribes as being more ignoble.' 
But afterwards, when many worthless and profligate persons, be- 
ing freed by their masters, thus invaded the rights of citixens, 
various laws were made to check the license of manumitting 
slares. No master was allowed to fr^e, by his will, above a 
certain number, in proportion to the number he had ; but not 
above 100, if he had even 30,000, which number, some indi- 
viduals are said to have possessed.^ Hence Seneca speaks of 
vaUa spatia ierrarum per vinctos coUnda ; et familia beUicosis 
nationiinu major^ and Pliny, of legions of slaves, so that tlie 
master needed a person to tell him their names.^^ Augustus 
ordained by a law called Mlia Sentia^ that no slave who had 
ever for the sake of a crime been bound, publicly whipc^ tor* 
tured, or branded in the face, although freed by his master, 
should obtain the freedom of the city, but should always remain 
in the state of the dediiitii, who were indeed free, but could not 
aspire to the advsfntages of Roman citizens.^^ The reason of 
this law may be gathered from Diony. iv. 24. 

Afterwards by the law called Junta Norbana, because it was 

I PHa. Ep. TiJ. Ifl. 
t fubMllia. 

a piut Stick. HI. 4. as. 

4 Bj Ik* master dc- 
•ignedl^ caUlsr the 
■Utb Ilia »oa ; uU, it 
wma Mmetinet at- 
fBfld. criaocd Ui« ma^ 
t«r*t intoatioK tn adopt 
the iUre, after aach a 
step bccaoa* praotica- 
bl« ; bat waa mora pro* 
perlf intorprated, to 
iBMa nothiog furlhar 
than a wiah to •man* 
dpato s>-act«i*l adop* 
tioa of ooa'a aUro, 
too, mada him a free- 
nan. A DaBter,opea- 
1/ deatroying, or aw* 
roodoring to a alara, 
the latter waa held in 
propert J, aanallod Ma 
own rifht, and aat tha 
orhar free htmrt 
giTOB t« a alave to 

aubaeribe hia name aa 
wititeM to any »ol«ma 
deed of hia neater, 
bad the effect of emaa- 
ripetioa. Attirinc a 
•Iato in the necoJiar 
liuignia of a ireenaii, 
BO aa to erade a tax, 
put an end to hia acr- 
Titnda. llie nomiaa* 
tioa of a alare aa one'a 
heir, or aa tutor to 
one'a childrea, thoogh 
without a aeparate bc- 
quect nf freedom, waa 
aaflieieat to infer hia 
releaee from bondage. 
On the death o( a maa> 
ter who had maintain* 
ad hi^ ilaTO-girl aa a 
oonoubtna, the and her 
children got free, by 
law, tn apite of any 
thing to the contrary, 
ceaUinad la the trui 
of the dec e aeed. A 
bmab alarc, BMnying 

a free penoa, with 
cenaenf of her maater, 
who gave her a dow« 
ry, waa forthwith 
deemed a freedwoman. 
The alare who ^cc^ 
T«red the murderer of 
hia master waa de* 
ciared free by the pn»* 
tor, and waa aubieet to 
no patron. Becoming 
a cwceH&in'it*, or do* 
nectie of the emp^ 
roi'a bad-chamber, if 
with his aiaater'a con* 
aent, gare freedom to 
a slave. If we may 
admit the authority of 
a slsTa, taken by tfaa 
enemy, and returning 
aeTerely wounded, waa 
to be ioatantlT deelar* 
ed free; ana, if be 
bora no soars, waa to 
be given back to hia 
forawr owner for flvt 

yean, npon tha anpi- 
ration of which, hm 
waa to obiaia ttbartr. 
Slavea antering tha 
Chriadaa charrh with 
their nasters' appro- 
bation, enjoyed the ba> 
aeBta of treedain aa 
long aa they remained 
in the saerad profee* 
aion; and those ea> 
listing thamsalves ia 
the armr, had a oor^ 
Blair, p. JM—IGST— 

5 Plin. Ep. Tii. 18. at. 

6 Cle. Balb. 9. Diony. 
It. S, 23. 

7 Liv. Kp. u. 

8 Atheik Deipaoaepha 

9 Boa. rili. 10. 

10 aomenelator, axxtt. 
L a. A. ao Potroniiia 
Arbiter, 87. 117. 

11 Saab Aug. 40, 



in the consulship of L. JiLnins Norbanos, A. U. 771, 
ihone freed per epistolam^ inter amicot, or by the other less so- 
lemn methods, did not obtain the rights of Roman citizens^ but 
of the Latins who were transplanted into colonies. Henoe they 
were called latmi juiciani, or simply latini.^ 

Slares when made free nsed to shave their heads in the tem- 

?le of Feronia, and received a cap or hat, as a badge of liberty.' 
*hey also were presented with a white robe and a ring by their 
master. They then assumed a praenomen, and prefixed the 
name of their patron to their own. Thus, Marcus TuUius Tiro, 
the fireedman of Cicero. In allusion to which, Persius says, 
verierit kunc daminus ; momento turbinis exit marcvs DamaJ^ 
Hence, tanquam habeoM tria nomtna^ for ianquam liber $i^* So 
foreipiers^ when admitted into the freedom of the city, assumed 
the name of that person by whose favour they obtained it' 

Patrons retained various rights over their freedmen. If the 
patron viras reduced to poverty, the freedman was bound, in the 
Kune manner as a son, to support him, according to his abilities. 
And if a patron failed to support his freedman when poor, he 
was deprived of the rights of patronage. 

If a freedman died intestate, without heirs, the patron suc- 
ceeded to his effects. 

Thoee freedmen who proved ungrateful to their patrons were 
condemned to the mines ;' and the emperor Claudius, by a law, 
reduced them to their former slavery.^ 



"nliTillirai. aider Btowai4, &e. 
A| p4 e» U , CMllirator or •grical- 

taral bkowcr. 
SvTilor rml Sartor, 1i««r or 

OeatM, ditto, fitto, or tloA- 

Aralor, piowgh«m Or HIW. 
Jaguiao, ditto, or os-4ri«er. 
MMoor, i««fl«r. 
MoGior, mUW or grinder. 


ViadnoUtor vol Yladmhor, 



(par oil). 


PkUtor. prajtor. 
Froadatar, leaC^tripn^. 
r VaaiMctor vol 

nowar or hmy-mttBr. 
Sarraa ab bortoraa ailtara, 

Horlataaui. ditto. 
Olitor, hfrb-oiaa or kiteken. 

Topiariaa, iMdgo and trot clip- 

Vuidiarioa, lawn (or 

walk) ha t p a r . 
Salluariua, foretter, 

parkfkaapor or raagar. 
Salictariaa, koeper of 

Laparina, woIf-kQlor. 
Paator. kordamaa o( any 

Oriiio rel OpUlo, ■bapherd^ 
Virriaarnia, wothcr*bard. 
loaaor oriaa^ ahMp-abaarar. 
Caprarlaa, goaubaro. 





Paaorf prnfaataa rel Pecoria 

raaglatar, cbief hardjman. 
CoatM arnauti t«1 Faktor ar* 

fflOPtoram, nrat-hard. 
Saperiumaaiarint, kaaper a/ 

working catUa. 
Bubaicua vol Bubaaqva, OK'dri 

v«r or hordaaiaa. 
Poiculator vel Porcartoa 

Sobulctti, kard (or yoeng piga. 
Oragariaa, b»raa-hard. 


(Aoeortog to Circaautaaaeo.; 

Vaaator, baatar. 

Vastigator, ganio fiatar oa 

traekar, aoinatiaMa ol boaa. 
LMlagator. ditto, or twU tettac 

■omatuaea of beoa. 
Alator, gano.driTor or fbaaor. 
Aacapt, fovlar. 

I PUa.Ep.a. 103, 
MUUfr. « iT.4i.b nM8o 

can.larad ^ 

Uv. ibid: 
I yawpMa Ma 

hia raaad; fai 

ing wbiriad rooad (M. 
in eoa tora of a tup), 
ba iMoaa forth ManMU 
Daaa— S*t. v. 77. 

4 Jmt. t. MU. 

f Ci(.Paai.xUUU,M. 

6 ad laatnaiaa. 

T in aerritntm ravou- 
Tit, Saat. Cl»d. xa. 

Itbrrtum, <)ui prob«t«a 
fu«rU patrono dcla* 
torea aainmlaiaae, qai 
da atatn ^jua facerent 
ti quaiationaai, aarvvai 
patrani aaao jnaaiL L* 
9. IMg. de jara Patron. 
8 tka following e«l«> 
kfra of lUvoa dWid* 

ad aceerdiag le tholf 
oconpattoni, la axtracU 
ad from Blalr*a vahi. 
abla work on tka 
" SUto of ^ilaTerv 
ainongit tha Romaaai" 
Bdia. 1883.— Bd. 





Wrilb Rome was bat small and thinly inhabited, whoever fixed 
their abode in the city or Roman territory, obtained the rights 
of dtisens. 

flMatM* wl FUeatai ■mpMl' 

tM, lalMnUB, tkM «&tte. 
AglUtur, drlfw, o( T«rl«i« d«- 

l^gMtaloa ral Brga*tul«rtiu, 
work>k(MM ■! 

Lovuioi, MO«r|w. 


GaUiBafioa, bra or poaltry 

AvWiH, avlwy kMpcr. 
Ouatar rd hstor MBtnoB, lus 
fte. k««per or ftedor 

of noM, tkraahoi, in. 
bUbrioo ^ ' - 

Tol FutOTf kltd bl* 

MaaoutMlu vol Donttor «». 

or or broohar of wUd muioU. 
Vrtorhit, boonrard. 
Adawrlvoi an koopor or drlvor. 
Motto, molatror. 
Caaroeaiiaat walo. dri tor. 
Baataraorioa, drfvor of kooter* 

aa, (a aort of aar.) 
Ohiariaa, ditto of dslut, (a 

aoit of gig.) 

Bqolaio Tol Boalttaa, B^aoram 
■agialar toi eaallM, Agaao 
Tol Strator, ' 

SarvoB a ewm casta, dog ar 

Amacioa, wator maaagar. 
Mlalalv iMrtaaw, Iboatain loaB. 
Sonnu mi oumbot atarqailiaia 

•I latnaaa, acavangar or ■»• 


Gonna, oooh* 
Ara^liMgiraa, eblof ditiok 
Palaioatanoa, poctago>aukar. 
SalawDtarlaa, pleklar. 
OArlao, paatrf ( 

PUcoatama, eakt>bafc«r. 
I ditto. 

naaartaa, ito boy 
loearla, Aro girL 

, a t o t o bet par. 

AMolaHa, taialo ditto. 

Mooaa prapoaltoa, tablo atow> 

Obaooator, ordorer ofbill of fvr. 
Sorvoa trielliiiaria vol Sonroi 

triflliaiarioa, banqaoCuig-room 

TrioliMarebo vol AjokltriaU- 

aloi, eblof of ditto. 

Monne dotoraor, tablowiacr^ 
"' r, arraagor of diaaoa 

ntal eooftctkmar. 
Galalor Tel laTitalor, larllar. 
Vocalor, ditto, or anniiooor, or 

lafcrlor, aarrar. 
Onatator rrl Pragaatalar, taatar. 
BoiHor, Tal Garplor, ral Cboir^ 

DoaMmtar, oarrtr. 
DIribltar, diitribntor. 
NInbtratar. Mrvar or wiAar. 
Mialaler, ditto, (or aanraot ge- 


PooiUalor, oap-DOM 

Sorra ad eyataoi, fbaiala ditto. 

DiatarkiB vol Zaatariaa, ottoa- 

dant at aMata. 
Cottaa, walebBaa. 
OatiacfBa vol Janitor, poriar or 

Oatiari* vdJaaitiix, fenalo do. 
Volariaa, oaitala or baaging* 

Atriaaab vol Atrariaa, ball. 

b a a pa r, or ball olavo gaaonllp. 
Soopariaa, i 
Madtaatlana, ditto^ or dradgo 

SapaUaotaeariaa vol Sornia a 

aopalioeUli, foraitaro-koopar. 
Cafiatbiariua vol Sarvna a Co* 

riatbii, koapar of braaaa v»> 

Argonto pngpoaltaa, ailvar>plata 

Aoro prapoaitoa, gold • plato 



Cobiealarlaa, Itadchambar alavo, 

Silratiariaa, ailaooe koopor or 

Scrv. ad aaaiaaai, alaop>WBfecbor 
lootU adfliatar, ditto. 

Fomacatar. batl^lbraaico bcator. 

or koopor. 
Uaetor, aaolater. 

Uactrix, fkmala ditto. 
AllpUoa val Alipitarin*, bair 

Timktrix, bndo ditto. 
Oraator, adoraor or balii^raaaar. 
Omatrlx, fenala ditto. 
Unutrls a tatnlo, fcaala hair- 

draaoor ia tbo tatabu (kahioo. 
Ofoatilx aarieala vol ab wfV 

oala, oai^ring wamaa. 
Cbeniiaa, bainoarior. 
Ciaifloi ditto, or powdoior. 
Coaaota, toilet alavi^ either 

auioar bawlo. 

Voatilar, draaaar. 
Sorraa a voata val 


Voatiarla. fbmale ditto. 
Vaati^ioaa, draaa 

Vaatiapiea, Ikatala Atto. 
Capaariao, piaaa or obaat keeper. 
Paar a aualla, pot da obanbra 

Sanaa otI aindabat baiaa. 

Moaltor, raaimibraMoar. 
Fartor, dltUi» or proaiptar. 
If oaionolator, naaor. 
Aoaoela, fcUowar or attoadaat. 
Qroampea vol Pediaai^iwa, 

Poor a padlbaa val ad padaa, 

foot-bo7 or attandaat. 
Padiiaaoaa, Ibaude attendaat. 
Aateaaibab, barbiagar or na. 

aiag feotaiaa. 

Aocaraitar, aaaoaacar of bia 
Advofoitar, attoadaat abroad. 

ar cbaaaoor. 
Lampadopbonia, laaip or 

TWicor, tarab-baarar. 
Laettaariaa, Itttar^narer. 
Catbodrarioa val Gathadrali- 

chu, oathadnor alair-haarar, 
Portllor aalla vol Ooataior, 

cbalraiaa ar m ' 
Gnraor, ranoor. 

Viator, ditto, or i „__. 

TabaUio vol Tabellarioa, lotlar. 

Salatiger vol Salal 


Sonraa qol naacaa Aigaral, ST' 

FlabeUilHr, faa-bcaror. 
FlaboUlgwa, liNBale ditto. 
UatbroUllkr. aaibnlU a 

UBbremfcra, ImmIo ditto. 
SandaHgar vol SaadaHgaw 

Baadaligefvla vol Aaeilb a 

daHo, fiiBala ditto. 
Aaaloata, pjfhar ap. 

RtOHTB OP cirmirt. 


To increoie the namber of citisem, Hoinnlw opened an 
asylum or sanctuary lor furtive slares, insolvent debtorSy and 
malefaetort, whiter great numben flocked from the neighbour- 
ing states, because no one could be taken firom thence to pan« 
isfanient Even Yanqnished enemies were tnnsplanted to Rome, 
and became citizens. In this manner the freedom of the city 
was granted by Romulus to the Cosninenses, Camerini, Anfeem- 

s.— nrpBB SBKT&im. 

▲elar. maaagtr or •^kMBme d*- 

dhma^ ccacnllf. 
Adiatar, aMMUat to ■etor. 
GmnwDk nl Major donot. 

TabakriM val Cdenlator tcI 
WBMnrMJM, aaconataat* 

Raiiacaatar, ditto, or rather a» 

Oiapaaaatar vel Fraragator trI 
A rcariaa. Ismpw of koaacfaold 

I atorai. 
TiKaaaartas, acora or taUj ■■«•• 

ler, or tdbaa or ciiaak Ukar. 
Procoralar, parrtjor or tapar- 

Serraa valetadSaama rel ab •- 
gria, boapltal attaadant. 


Natrttar vol Ratcielaa, 

5otruL, aaraoL^ 
B^^alaa val 

Carala, kanla Olla or 

CaaarfaH, reekflr or eradia bajr. 
Caaaria, fnaale rocker or ora> 

val Maigiater, taaefcer. 
, dIUo erigliialif at- 
aa Toang panona 
geinif to ackeaL 
Capaanac, saiekel carriar. 



Litararjr Slavaa. 

athaca, libiariaa. 

lactria, CeouJa Acta. 
Aaag a aalea, reader or laaa af 

lowaiag in Taiioaa braackaa. 
BacUalor, nadar aload or raeilar 
Moawriata, rcdtar of Homer'a 

Areufaigaa val Fabalator, atary 

A ctaartaa, jflaniB]>kacper. 
AaaaaenaM rri Serraa a auao, 

atuctaiy, clartL, or 



Maria, foal or Uiot 
Fauiaa, idiot. 
Fctaa, fmaala ditto. 
Vasaa val Pluiilio, dwa.tC. 

N aaa, ftnula ditto. 
Heiaapbrodltaa, kanaapkioditc 
Aaeaa vel Pol/pkagua, glotioa. 
Spado Tel Battackaa, aaoaak. 
Soarra, bulTnoa. 
Ludio, ditto, 
OaliciM Tel Delieia, darliag, 
Boart prattling boy. 


Laalpoadta, fcaula iraol waigb. 

Laaia, feaale wool dra a eer. 
JUaai&ea, faaude do. or apiaaar. 
Qaastliarla, feaiala apianer. 
Taator, weaver. 
Textrls, fanala ditto. 
Liatao, liaaa wesTor or UcaehK' 
Vnlbi. faller. 
i^jgia, eaibraiderv. 
itetor, ahe aai a k a r or aewer ga. 

Cardo, cobbler. 
Veetifleoa, dreeemahar. 
VaatiAea, faaiala ditto. 
Sartor, lailar. 
Sartriz, faoule dittai. 
Sarnaatar, aieodar or palohar. 
Saicinatrix, fenala ditto. 
Fenarioa, aaaiih. 
Tlgoariaa, carpenter. 
Fabar aarpoataiiais cirtirrigfal. 
Doliarioa Tel Scrrna dollaria, 

UaralHa, porter or carrier. 
Aquariaa Tel Aipunoiaa Tel 

Boeeario, waler earriar. 
PelUaetor, aaolater of the dead. 
SuacoUtorral VraaiUovel Lee> 

tiearina, bearer or the bier. 
Uator, baraegr oCtba dead. 

iaqoaMrn.T MrArracBBO 
T« BOvaaiioiA 
ScieatiAe SlaToa Mid Artkla. 

Medicaa, phyaiclan ar medical 

BMn gennally. 
Madiraj Ibaiale phyalciaa or ma- 

dioal atteadaat 
Obetatrix toI Optetrts, midir if*. 
CUnleaa, phyaidan or cUnicai 

Chirareua, aaraeoa. 
Oeulariaa toI ab ocnlla, oealiat. 
latraiiptea, beater by obtoicat 

and friction. 
AUptea v«l Alipla, rabber with 

Ttaetator, aliaaipoeer. ? 
Traetatrix, feaule ditto. 
M a^ma pner, aiagieian or di- 

OtaamaUene, craaiaariaa. 
Uttarataa eel Litteralor, ditto. 
Antiqaariaa, anti^iuary. 
NoUriaaf abart-baad 


Na«aria, feaala ttto. 
Scriptor Tat Mcriba, writer, ekrk, 

or peaawa. 
Idbrarina, boek writar or traa. 

Libraria, ftmir ditto. 
Qlutinator, gUer or paater of 

paoyrua, tie. 
Pumieator, poliaber with ponlee 

Malleatcr, banuaerar or baoler. 
Ornator, oruaneater. 
Miaieolaior Tel lUoBlaator, Ukl< 

Pkcior, pelater. 

Cclator, eagraTor or emboeeer. 
Argentarina, ■UraraBitfa. 
Vaaaatariaa, Teaael oiaker. 
Faiier a Coriatbia, worker in 

Fignltts, potter or tile bamar 
Arabiteetae, arekilect. 
Siroetor, baikier. 
HIatrio, player. 
CcaMdaa, aitta, or cawed taa. 
MimnaL mime. 
Mlau, ftowle ditto. 
Paatoaiaaai pantomiBiew 
Panteaiaw, feaiala ditto. 
Sympboaiacaa, aiager. 
AcTOama, ditto 
CkoranJaa, dtiteu 
CItkanedaa Tel Ftdicca, barper 

or aiager to the ban. 
Citharaeda vel ridieina, Citha- 

riatrla toI Pialtria, feaate do. 
Tibiaaa, pipar. 
Tiblcena, female ditto. 
Fiatulator, Ante player. 
Hydraulea nl Organariaa, wa> 

tcr.orgaa player or director. 
Sambacua rol jiamboeiatria. fe> 

male dalciiner or aackbul 

Tyupanlatriat iamale drommer 

or tambourine player. 
Crotaliitria eel Copa, Camale 

eymbal player and dancer. 
Saltotor, daacer. 
Salutrix, female dittos 
Fuaanbttlna Tal Funirepaa eel 

Schcenobatea, rope-dancer. 
Palaeatrita, wreatler. 
Gladiator, gladiator. 
Arenariaa, ditto. 
Aortaa, ehariotaer in tba drcna. 
Rheoariaa, ditto. 


Araiger, annoar-beorer. 
aaleariaa, kelmet'ditto. 
GteTator, dab- ditto. 
Caio, ■oidiei'a boy, or ir>fii/*» 
Caaub, ditto. 


nates, Gmstumini, and at last also to the Sabinei. This example 
was imitated by his suooessorR, who transplanted the Albans and 
other Tanquished tribes to Rome.^ Likewise after the expulsion 
of the kings, the freedom of tlie city was ffiren to a great many, 
eepeciaiQy after the taking and burning of the city by the Gauls ; 
at which times that it mi^t be rebuilt with more splendour, new 
citisens were assumed from the Veientes, Capenates, and 

Besides ihose who had settled in the Roman territory, and 
who were divided into city and country tribes, the freedom of 
the dty was granted to several foreign towns, which were called 
MUNiciPiA, and the inhabitants municipes, because they might en- 
joy offices at Rome.' When any of these fixed their abode at 
Rome, they became civks iicGBNiri.* Hence it happened that 
the same person might enjoythe highest honours both at Rome 
and in his own free town. Thus Muo, while he stood candidate 
for the consulship at Rome, was dictator in his own native city 
Lanurium. The free town in which one was bom was called 
pairia exRMAif a, natura vel iocL Rome, {qua exceptm est,) pa- 
tria COMMUNIS, civitati* vel Jurist 

But when the Roman empire was more widely extended, and 
the dignity of a Roman citizen of course began to be more 
valued, the freedom of the city ' was more sparingly conferred, 
and in different degrees, according to the different merits of the 
allies towards the republic To some the right of voting ' was 
given, and to others not The people of GsBre were the first who 
obtained the freedom of the -city without the right of voting, for 
having received the sacred things of the Roman people, the 
vestal virgins and priests, when Siey fled frx>m the Gauis.^ The 
freedom of the city was soon after jriven in this manner to the 
people of CSapua, Fundi, Formise, Gumse, and Sinuessa, to the 
inhabitants of Acerra,^ and of Anagnia, &c. 

The inhabitants of Lanuvium, Aricia, Nomentum, Pedum, 
and Privemum,^^ received the freedom of the city with the right 
of voting." But several cities of the Heruici preferred their 
own laws.'^ In process of time, this right was granted to all 
the allies of the Latin name ; and after the Social or Italian 
war, it was communicated to all the Italians south of the river 
Rubicon on the upper sea, and of the city Luca on the lower 
sea. Afterwards the same right was mnted to Cisalpine Gaul, 
which hence began to be called GalOa Toffata. Augustus was 
very sparing in conferring the freedom of the city ; but the suc- 
oeedinr emperors were more liberal, and at different times 
granted it to different cities and nations. At last Caracalla 

1 Ur. 1. «. <cnr. 91. S boiUt. nnaan ca- 1 Cle. Lags. U.S. > Ur.T!U.l4.l7 

TiM. Ann, iU. 80. lAr. «cr« potanot. 6 ins olTitatis. 10 PtiTnruitos. 

iS9.9L 4 Ok. BniL 79. LhE* 7 Jn« raftngiL llUT.YiB.lK8U 8 A.a«U.nrl.l8. lSLir.k.4S. 

BioHTi ov ciTiami. 

matod the froedom of Roman dtisens to aU Uie niliabitoiitt of 
uie Boman world. 

Those wiio did nol enjoy the right of oitiient wen andently 
called HosTBs, and afterwards fSBBoanri.^ After Rome had 
extended her empire, first orer Latiam, then orer Italy, and 
laAly over great part of the world, the rights which the rabjecti 
of that empire enjoyed came to be divided into four kinds ; 
which may he called Jui QuirUimn, jus Latii, jus Ttaliatm^ jus 
proomciamm vel provinciale. 

Jus guuuTiuM comprehended all the rights of Roman dtisens^ 
which were different at different times. The rights of Roman 
dtixens were either private or public : the former were properly 
called/uf Qtiiritium^ and the latter^ cimtatis^ as with us there 
is a diatinGtion between denization and naturalisation. 


Ths private rights of Roman citizens were, 1. Jus libertatis, the 
right of liherty ; S. Jus gentilitcUis et familim^ the right of fa- 
muy ; 3. Jus cowmbii, the right of marriage ; 4-, Jus patrhtm. 
the right of a father ; fi. Jus dominii UgUimi^ the right of legal 
pnmerty ; 6. Jus tesiamenti et JuBreditatis, the right of making 
a will, and of sacoeedlng to an inheritance ; 7. Jus tuteia, the 
right of tutelage or wardship. 


This comprehended LmBRrr, not only from the power of 
masters,' but also firom the dominion of tyrants, the severity of 
magistrates, the cruelty of creditors, and the insolence of more 
powerful dtisens. 

After the expulsion of Tarquin, a law was made by Bnitus 
that no one should be king at Home, and that whoever should 
form a design of making himself king, might be slain with im- 
ponitT. At the same time the people were bound by an oath, 
that ttiey would never suffer a king to be created. 

Roman citizens were secured against the tyrannical treatment 
of magistrates, first, by the right of appealing from them to the 
people, and that the person who appealed should in no manner 
DO ponished, till the people determined the matter ; but chiefly, 
by the a«sistanoe of tneir tribunes. 

None hut the whole Roman people in the Gomitia Gentnriata, 
could pass sentence on the life of a Roman citizen. No miwis- 
trate was allowed to punbh him hy stripes or capitally. The 
single expression, '' i am a boman cinsBiv,'* checked their sever- 
est decrees.^ 

1 Cie. Q'* L It. 3 aoMlnona. dieilur, qal Qairitiaai Cie. Fan. x. Ml Uv. 

A Ptbb Kp. X. 4. t. 2a 4 Go. V«rr. r. 54. 5T. tdm eluauw inpl*. ub. B. AcUnii.Mi 
Ck. B^ IL VK Iw. ktan, galHun rat. Vur. Uu r. 7. 



By the laws of tho tweWe tables U was ordaiued, that inaol- 
▼ent debtors should be gi%'en up ^ to their creditors to be bouud 
in fetteiB and cords,* whence they were called kkxi, oBMAkn^ et 
ADDiCTi. And althoug^h they did not entirely lose the ri|FhtB of 
freemen, yet they were in actual slavery, and often treated more 
harshly than even slaves themselves.^ 

If any one was indebted to several persons, and could not 
find a cautioner* within sixty days, his body' literally, accord- 
ing to some, bat more probably, according to others, his effects, 
might be cut into pieces, and divided among his creditors." 
Thus tectio is put for the purchase of the whole body of any 
place, or of the whole effects of a proscribed or condemned per- 
son,' or for the booty or goods themselves,^ and sectores for the 
purchasers," because they made profit by selling them in parts.'^ 

To check the cruelty of usurers a law was made, A. U. 429, 
whereby it was provided, that no debtors shonld be kept in irons 
or in bonds ; that the goods of the debtor, not his person, should 
be given up to his creditors.^ 

But the people, not satisfied with this, as it did not free them 
from prison, often afterwards demanded an entire abolition of 
debts, which they used to call new tables. But this was never 
granted them. At one time, indeed, by a law passed by Vale- 
rius Flaccus, silver was paid with brass, as it is expressed ;^' 
that is, the fourth part of the debt only was paid,^ an <u for a 
sestertius, and a sestertius for a denarius ; or 25 for 100, and 
350 for 1000. Julius Caesar, after his victory in the civil war, 
enacted something of the same kind.^* 


Each gens and each family had certain sacred rites peculiar 
to itself, which went by inheritance in the same manner as 
effects.^' When heirs by the father's side of the same family ^' 
failed, those of the same gens ^' succeeded, in preference to re- 
lations by the mother's side^ of the same family.^ No one could 
pass from a patrician family to a plebeian, or from a plebeian 
to a patrician, unless by that form of adoption, whicn could 
only De made at the Comitia Curiata. Thus Clodins, the 
enemy of Cicero, was adopted by a plebeian, that he might be 
created a tribune of the commons.'^ 


No Roman citizen was permitted to marry a slave, a barba- 

I aadkamtv. S Cm. BeU. OalL U. U. boM aonn •■teteni, Ifi Ut. ir. 2. 

S ee«ip«ilbuet MrrU. Ci& Inv. u 44. Cic. Rom. Ab. 88. 16 ■«««(•. 

SLitr. tUB. 9 AMM.Oe.V«rT.i.a3. 11 Lir. ritUiB. 17 geatilM. 

ibtor 10* Mco; kMCe we* 12 Sail. Cat. 831 18 eoiHati. 

torn eoOomi ct bo- IJ VelL ii. IS. 1» fknUia. 

< MMri,A«a«lLxx. 1. noma, i. «. mi pro- 14 C««. B«ll. Cir. lit. SO Ck. Oo«. Ik. Alt. L 
7 Cki nU. U. at. wijplot oeeiMMnt, et 1. SMt. Jml. 14. 18, 19. 

RIOHTt 09 CITIBSiri. 41 

riaB, or a for»gMir, unless by the permission ot the peopW 
By the laws of the Decemviri, ioterroarriages bet\reen the pa- 
tridans and plebeians were prohibited. But this restriction 
was soon abolished.* Afterwards, howerer, when a patrician 
lady married a plebeian, she was said patribm emibere, and was 
excluded from the sacred rites of patrician ladies.' When any 
woman married out of her clan, it was called gentis enupiio ; 
which likewise seems anciently to hare been forbidden.* The 
different kinds of marriage, &c. will be treated of afterwards. 


A FATHKB, amonff the Romans, had the power of life and 
death over his children. He conld not only expose them when 
infants, which cruel custom prevailed at Rome for many ages^ 
as among other nations,* and a new-bom infant was not held 
legitimate, unless the father, or in his absence some person for 
him, lifted it from the ground,' and placed it on his bosom ; 
henee toUere JUitan, to educate; non toUere, to expose. But 
eren when his children were grown up, he might imprison, 
scourge^ send them bound to work in the country, and auo put 
them to death by any punishment he pleased, if they deserved 
lU Hence a father is called a domestic judge, or magistrate, 
by Seneca ; and a censor of his son, by Suetonius.' lUmulus, 
however, at first permitted this right only in certain cases.' 

A son could acquire no property but with his father's con- 
sent ; and what he did thus acquire was called his pbculium, as 
of a slave.^" If he acquired it in war, it was called pbculium 

The condition of a son was in some respects harder than that 
of a slaye. A slave, when sold once, became free ; but a son 
not, unless sold three times. The power of the father was sus- 
pended, when the son was promoted to any public office, but 
not extinguisbed,^^ for it continued not only during the life of 
the children, but likewise extended to grandchildren and great 
grandchildren. None of them became their own masters^ till 
the death of their father and grandfather. A daughter by mai^ 
riaffe passed from the power of her father under that of her 


Wrbn a father wished to free his son from his authority,^' it 
behoved him to bring him before the prseter, or some magis- 

l Ut. nrrfii. S6. <«•• cennubtaa, Md eont«- Suet. Oct. 8Claad.]8. 

caUra est mtriaie- iMrnina, Boeth. Qs. f».C«Ug.ft. TM.HIt(. 9 DtoBr- ii. J& Is IS. 

sba iam cStm; tatrr Vo*. 4. It. «. Sm. Brnk UL U. 10 Liv. B. 41 

•atai,«ttta««r S Ur. Ir.8. 6 tarraleTiMcU II 

(arwa «t pcragrtaa SLIr.x.SS. 7 S«ll. Cat. 89. Lir. lu 12 nijaris. 

««i4W«n0 feMriiiMi, 41.Tili. 7. DSoaf.nii. 18 •Macifwa 

Ml MnrilM, am Mt » Cle. Lrgf. K. 6. Ter, TSl 



trate,^ and there sell him three timea^ pkr jeb bt libram, as it 
was termed, to some friend, who was called patkr fiduciaxius, 
because he was bound after the third sale to sell him bade ' to 
tile natural father. There were besides present, a libjupvnb, 
who held a brazen balance ; five witnesses, Roman citizens, past 
the age of puberty ; and an antestatut, who is supposed to be 
so named, because he summoned the witnesses by touching the 
tip of their ears.^ In the presence of these, the natural fiither 
gaye over * his son to the purchaser, adding these words, mak- 
cupo tibi hung FiLiuM, QUI MKus EST. Then the purchaser, hold- 
ing a brazen coin,^ said, hukc ego rominem ex jure quiritiux 


and having struck the balance with the coin, gave it to the na- 
tural father by way of price. Then he manumitted the son in 
the usual form. But as by the principles of the Roman law, a 
son, aflter being manumitted once and again, fell back into the 
power of his father, this imaginary sale was thrice to be repeat* 
ed, either on the same day, and before the same witnesses^ or 
on different days, and before diflerent witnesses ; and then the 
purchaser, instead of manumitting him, which would have con- 
ferred AJU9 patronaius on himself, sold him back to the natural 
father, who immediately manumitted him by the same formali- 
ties as a slave.^ Thus the son became his own master.^ 

The custom of selling per as vel assem et libramy took its rise 
from this, that the ancient Romans, when they had no coined 
taxmc^f and afterwards when they used auts of a pound weighty 
weighed their money, and did not count it 

In emancipating a daughter, or grand-children, the same for- 
malities were us^ but only once '^^ they were not thrice re- 
peated as in emancipating a son. But these formalities like 
others of the same kind, in process of time came to be thought 
troublesome. Athanasius, therefore, and Justinian, invented 
new modes of emancipation. Athanasius appointed, that it 
should be sufficient if a fother showed to a judge the rescript 
of the emperor for emancipnting his son ; and Justinian, that a 
father should go to any magistrate competent, and before him, 
with the consent of his son, signify that he freed his son from 
his power, by saying, waiac sui juris esse patior, mbaqub manv 

When a man had no children of his own, lest his sacred rites 
and names should be lost, he might assume others ^^ as his chil- 
dren by adoption. 

If the person adopted was his own master," it was called ab- 

1 apnd qiien lagit w». S mttertiot. « eoand of bnss. lAf. ir. 60. 

tio erat. 6 1 d«cUi« Uilfl ■■» to 7 libra et are libera* 10 onioe laanelpatU 

S renanclpare. be mine Moordlnr to turn emittehat, Liv. vi. aulfidebat. 

t Hor. Sat.l.9.76. the ouatom of the Ro- 14. 11 extnuMoe. 

4 naae{|»bat, t. e. mua, and I parobaae 8 sul JwSa faetos ett, U enijorle. 

auou tradebaU Urn willi tiits coin and Lir. tiL Id. 


BOOATio, because it was made at the Gomitia Giiriatay by pro- 
posing a bill to the people.^ 

If he was the too of another, it was properly called adoptiq, 
aod was performed before the prsetor or president of a pro vince, 
or any other magistrate.' The same formalities were used as 
in emancipation. It might be done in any plaoe.^ The adop- 
ted passed into the femily, the name^ and sacred rites of tM 
adopter, and also succeeded to his fortune. Cicero makes no 
distinction between these two forms of adoption, but calls both 
by the general name of adoptio. 


Thin«9, with respect to property among ,the Romans^ were 
variously divided. Some things were said to be of divine rioht, 
othen of buman right : the former were called sacred ; * as altam, 
temples, or any thing publicly consecrated to the gods by the 
authority of the pontiffs ; or religious ; * as sepulchres, &c. ; or 
invicdable;' as the walls and gates of a city.' 

These things were subject to the law of the pontiffs, and the 
property of them could not be transferred. Temples were ren- 
dered sacred by inauguration, or dedication, that is, by being 
concecrated by the augurs." Whatever was legally consecrated, 
was ever after inap^Sicable to profane uses.' Temples were 
supposed to belong to the gods, and could not be the property 
of a private person. Things ceased to be sacred by being un- 

Any place became religious by interring a dead body in it." 
Sepulchres were held rebgious because they were dedicated to 
the infernal gods.^ No sepulchre could be built or repaired 
without the permission of the pontiffs ; nor could the property 
of sepulchres be transferred, but only the right of burying in 
them.^ The walls of cities were also dedicated by ceitain 
solemn ceremonies, and therefore they were held inviolable,** 
and could not be raised or repaired without the authority of the 

Things of human right were* called profane ;*' and were 
either fitbuc and common, as, the air, running water, the sea, 
and its shores, &c. ;^ or friyate, which might be the property 
of indiriduals. 

Some make a distinction between things common and public, 
but roost writers do not The things of which a whole so<2iety 
or corporation had the property, and each individual the use. 

1 far popaH ragEtio* 6 lacta, L «. ■ISqaA 10 nwiKimtioiMi Ur. cadi. MactioM ■Rulta. Uii, 14 aueti. 

tapnd^MabsicMtio 7 MMrab. Sat. ui. a. 11 1. «. ■. 4. D. da 13 m ptaboa. 

erml. 8 eoawcrata inauara- dWta, rai. 16 Vlrg. JSa. vU. 

S Saat. Aac. 6f» teqM. IS diis maaibus tcI !a- Cic. RoK. A*. 88. 

4 raa aaarn. 9 Plin. Bp. U. 38. z. farit. 

> mkisioiv «. W. 7Ci. 13 itu moiUivB lalur. 

44 ROMAN ANTigniTlRB. 

were called rbs vhiversitatis, or more properiy, rbs publica,' 
BM theatres, baths, highways, &c. And tnose things were called 
ABs COMMUNES, which either could be the property of no one, as 
the air, light, &c.,' or which were the joint property of more 
than one, as a common wall, a common field, &c. comhitnb, a 
subst is put for the commonwealth.' Hence, in commune comu- 
lere^ prodegse, confisrre, metuere^ &c. for the public good. 

Things which properly belonged to nobody, were called bbs 
ifULLius ; as parts of the world not yet disoovmd, animals not 
claimed, &c. To this class was referred hmreditasjacensj or an 
estate in the interval of time betwixt the demise of the last oc- 
cupier and the entry of the successor. 

Things were eiUier movabls or immovablb. The movable 
things of a farm were called ruta gas a,* as sand, coals, stones, 
Sec which were commonly excepted,' or retained by the seller.^ 

Things were also divided into corporbal, i. e. which nufht 
be toudied; and incorporbal, as rights, servitudes, && The 
former Cicero called res qua staii ; the latter, met qua inteiU" 
gunturJ But others, perhaps more properly, call the former, 
RBs, things ; and the latter, jura, rights.* 

The division of things Horace briefly expresses thus : 

Fidt hsDC sspientla quondam, 
Publica privotis aecemere, akcia profanis.' Art. Poet, 906. 

Private things ** among the Romans, were either rbs manciti, 


Rbs MANCIPI were those things which might be sold and alien- 
ated, or the property of them transferred from one person to 
another, by a certain rite used among Roman citizens only ; so 
tliat the purchaser might take them as it were with his hand;" 
whence he was called manceps, and the things res mancipi, vel 
mancupi, contracted for mancipii. And it behoved the seller 
to be answerable for them to the purchaser, to secure the pos- 

Nbc MANCIPI reSt were those things which could not be thus 
transferred ; whence also the risk of the thing lay on tlie pur- 
chaser.^ Thus, mancipium and usuSy are distinguished: t?i/a- 
que mancipio nulli datur, in property or perpetuity, omnibus 
usu}^ So mancipium and fructug,^ 

The res mancipi, were, — 1. Farms, either in town or country 
within Italy ;'* or in the provinces, if any city or place had ob- 
tained the jus JtaiicunL Other farms in the provinces were 

1 vuA popnUraB, • po- cbm. tlagvlah ffsblia frooi ▼*! aaetoriUtoM, ▼•! 

pule, tfce prapertf of 9 raeepU. privata good, things artettonan prastara, 

tka paejple. 6 Cle. Top. M. Ont. iL aaerad Uim thinga Air. Cic. Mar. I. 

• Ot. Mai. t. 189. tL 69. profaiia^-ao Cor. Nap. 13 

>t9. 7 Top.«. Tkaa.e. 14 Loer. HI. 96C. 

JP*r. ^1*. °*. **' ^* ^ S™' ^- 10* 11^* 1^ *** prtv**B> 1^ Cif . Faw.TH.r ' 

"" "' '"■ ~ ~ Thli waa a * "" 

69. Hor. Od. il. 19. la. 9 This waa aoceaati^ 1 1 nam capaicl. 16 pradU wfeana at 

4 ac oC; L <. ami* at wiadaai of old, to dia> 18 porieolaa JudkH, raatiea ia aolo Itafico» 

KiQRtB or cinnois. 45 

called po8»U9iones^ not pnedia ; and because proprieton ^ave 
in an acooant of iheir femilies and fortunes to the cenaon, they 
were called pnedia cennii cemendo.^ — 3. Slaves. — 3. Qaadin- 
pedsy trained to work with back or neck;' as hones, oxen, 
assesy moles ; bot not wild beasts, although tamed ; as elephants, 
camels^— 4. Pearls.' — 5. The rights of country farms, called 

llie aefritndes of farraa in the country were, — 1. The fight 
of going on foot through the farm of another ;^ — S. Of driving 
a beast or waggon not loaded ;^ — 3. Of driving loaded wag- 
gons;' — 4b Of carrying water ;^ either by canals or leaden 
pipea.' The breadth of a via, when straight, waa eight feet ; 
at a tum,^' sixteen feet; the breadth of an actus four feet ; but 
the breadth of an Uer is uncertain. 

To these servitudes may be added, the drawing of water ;'- 
the drivioff of cattle to water ;'* the right of feeding; of mak- 
ing lime ;^^ and of digging sand. 

rhose farms whicn were not liable to any servitude, were 
called PBiKDiA ibiBBKA," those which were,^' pbjbdia skbta.^^ 

Buildings in the city were called p&bdia urbah a, and were 
reckoned res mancipi, only by accession;" for all buildings 
and lands were called fukdi ; but usually buildings in the city 
were called odes, in the country, vUl^, A place in the city 
without buildings, was called arka, in the country, aqbb. A 
field with buildings was properly called ruNDus. 

The servitudes of the presdia urbana^ were, — 1. Servitus 
OKKRis PBRBNDf, whcu ono was bound to support the house of 
another by his pillar or wall; — 3. Strvihis tigni immittxndi, 
when one was bound to allow a neighbour to drive a beam, a 
stone, or iron into his wall ; for tignum among lawyers signitied 
all Idnd of materials for building. 

Anciently, for fear of fire, it was ordered that there should be 
an interstice left between houses of at least two feet and a half, 
which was called ambitus,'" or angiportus vel -urn, and this was 
usually a thoroughfare, but sometimes noL^' For when Rome 
came to be crowded with houses, these interstices were only left 
between some houses. Nero, after the dreadful fire which hap- 
pened in his time, restored the ancient mode of building houses 
distinct from one another.^ 

Houses which were not joined by common walls with the 
neighbouring houses, were called ncsuLis.^ Sometimes domus 
and insula are distinguished. Suet. Ner. 16. 38. where domus is 

1 Cie. Flaec & T tm. IS pMoris ad aqosm %m. 

a dono TCl CWTIM d*> 3 aqMidvetiu. tppolMu. 10 Cic. Rail. iiL 3, 

■ili. 9 p«r csnalrkT. fistolat 13 edfcU floqiiMdo. 17 Jura fimdi. 

2 ■vgarita, rSa. fau plitnbem, ViUur. viii. 14 optimo ]vi« r. »!•• 18 Fmt. 

a5. •.60. 7, dltioM opiiBUU 19 lar. Addph. W. & 

4 Mrrhatn, UIp. 10 la ufrKteai v. in 15 qua MrrWHuiL, Mr. 39. 

8 ttiv. flwa. ritatMi ddwtwnl, ▼•! 80 Ta«. Ana. iy. 43. 

KlM. 11 nqMakawtai. Mxrluti anal «bno- 81 VaaC 


supposed to sigfnify the houses of the greats and innds those of 
the poorer citizens. But anciently this was not the case, rather 
the contrary ; as, iruuUi Clodii, LucuUi, &c.^ Under the en:i- 
perors, any lodginj^s,' or houses to be let^' were called mndm, 
and the inhabitants of them, inqmlini^ or inmiarii ; which last 
name is also applied to those who were appointed to guard the 
geiiii of each insula. The proprietors of the insuia were called 
DOMmi iNsuLARUM^ Tol pRsmiOBUM/ and their agents^procuro- 
tares insularum. For want of room in the city Uiey were com- 
monly raised to a great height hy stories," which were occupied 
by different families, and at a great rent' The upmost stories 
or garrets were called cxnaeula. He who rented ° an insula^ or 
any part of it» was called inquUimis. Hence Catiline con- 
temptuously calls Cicero inquUinus civis urbis Romas ^ 

There was also, — 3. Servitus stilucidii bt flumxnis, whereby 
one was obliged to let the water which fell from his house, into 
the garden or area of his neighbour : or to receive the water 
which fell from his neighbour's house into his area.— 4 Semi" 
tus CLOAGs, the right of conveying a private conmion sewer 
through the property of a neighbour into the doaca maxima 
built oy Tarquin.— 15. Servitus kon altius tollekdi, whereby 
one was bound not to raise his house above a certain height ; 
so as not to obstruct the prospect and lights of his neighbour. 
The heiffht of houses was limited by law, under Augustus, to 70 
feet.^^ There was also a servitude, that one should not make 
new windows in his wall.^ These servitudes of city propertiea, 
some annex to res mancipi, and some to res nee mancipi. 

MODKs or ACQuiRine pbopbrtt. 

Thb transferring of the property of the res mancipi,'^ was 
made by a certain act, calleil mangipatio, or mancipium/' in 
which the same formalities were observed as in emancipating a 
son, only that it was done but once. This Cicero calls traditio 
aiteri nexu^^* thus dare mancipio, i. e. ex forma vel lege mancipii^ 
to convey the property of a thing in that manner : accipere, to 
receive it." Jurat, — se fire mancipii tempus in omne tut, de-> 
voted to you.^' Sui mancipii esse, to be one's own master, to 
be subject to the dominion of no one.*' So mancipare agrum 
alicui, to sell an estate to any one,^ emancipare fmaos, to divest 
one's self of the property, and convey it to another.'' 

Cicero commonly uses mancipium and nexum or -tu, as of the 

" — ^ - - - ,^ — — 

1 Cic tdbvlatit. 4S. L 89. 

SboapltU. TJmT.m.l<aL 11 Ittmlna «ti anas 14 Top. 5. t. B9. 

a jBdM ■•»•<• Iocn> 8 awead* CMdoMtat. mat, iu ^t, Gle. Or. 19 Plaat Cajrc It. & IL 

dB,v«l4«wu«MHlac 9 A dtiMB who ilrad LSB. TriB.IL4.19. 

titia. la a hirad boaM.— H ahaBeaatto. t«1 traaa- 16 Ot. PaaL It. ». Sk 

4 .Saet. Jal.41.Tib.4S. SaO. Gat. 91. lalio domiaU r. pro. \1 Cir. Brat Ifl. 

1 Plia. Ep. a. 44, 4IL 10 Strah.v. p. \SL Sart virUlb. 18 Plla. Kp. t|{. IC 

f eoBtipatlodlbaa t. ABC.80.Ta8. AwkXT. IS Cic 9iL KL 18. Or. 19 ld.s.a. 

RIGHTS OF Cfnmis. 47 

nrae import:^ bnt cometinies he diitinguiBhes thrm; as do 
Uanisp. 7. where mancipium implies complete property, and 
nexus only the right of obligation, as when one receives any 
thing by way of a pledge, llius a creditor had his insolTont 
debtor jure next, bat not^ure mancipii, as he possessed his slave. 

There were various other modes of acquiring legal property ; 
as^ I. JURR CBssio, or cessio im jurr,' when a person gave up his 
effects to any one before the praetor or president of a province, 
who adjadged them to the penon who claimed them f which 
diiefiy took place in the case of debtors, who, when they were 
insolvent, gave up their goods * to their creditors. 

^ UsvcAPTio vel usucAno,' and also ueus twctorittu, when 
one obtained the property of a thing, by possessing it for a cer- 
tain time without interruption, according to the law of the 
twelve tables ; for two years, if it was a iarm or immovable, 
and for one year, if the thing was movable.' But this took 
place only among citisens.' Hence Cicero says, nihil mortahe 
a diis veucapere poseunt If there was any interruption in the 
posseesion, it was called usitrpatio, which, in country farms, 
seems to have been made by breaking off the shoot of a tree." 
fioi afterwards a longer time was necessary to constitute pre- 
scription, especially in the provinces, namely, ten years among 
those who were present, and twenty years among those who 
were absent Sometimes a length of time was required beyond 
remembrance. This new method of acquiring property by pos- 
seaslon, was called lohga tossxssiomr capio, or LONOis possrs- 


3. KxpTio SUB CORONA, i. e. purchasing captives in war, who 
were sold with chaplets on their heads. See p. 28. 

4. Aucno, whereby things were exposed to public sale,' when 
a spear being set up, and a public crier calling out the price, ^" 
the magistrate who was present adjudged them " to the highest 
bidder!** The person wno bade, held up his finger.^ The cus- 
tom of setting up a spear at an auction seems to have been de- 
rived from this, that at first only those things which were taken 
in war were sold in that manner. Hence kasta is put for a pub- 
lic sale, and md hasta venire^ to be publicly sold. The day, 
sometimes the hour, and the terms of the auction, used to be 
advertised, either by a common crier.^* or in writing.^ Hence 
tabuia is put for the auction itself;^ tabulam proscribere^ for 

1 Mam. & Fbec. S& na uiiiii»«aiisetMt, Cic Or. Ui. SS. r. conclaniari, PU«ti 

Cme. 19 PUa. Ep. r. 1. 9 !»•«•, v. vod praeo- II im. r. 9. M. 

S Cic Te^ *. T for advrmi hectnis ate subticiaiwatiu'. 13 UM« pmKribi , Om. 

S vbfiMBli addiMbtt. {. e. |>»r*criD«in, vter- 10 pracon* pratioa pro- Bp. td Fratr. VL t. 

4 bdMA a»dBbutt. Mmctarttumt; fc. cbmants. profcrlbebatiir te. d«> 

$ Ck. Cm. M. hafi^ •Bcatas nl, Cle. Off. i. 11 wldicpbat. nu mb «i«h mm. 

LIL IS. f. •. (M snnpm- 18 Cie. PbU. it. S«. mb cmdware TtUfi, 

S «t MM sMtaHtat, i. vlDdicari potent a l8dicitaatoUebat,Cb. Pi:D.Bp.TU.87. adM 

i«- 8 mrealo M^bfrada, 14 a praooac piadiMri, IS lb. 

48 ROMAlf ANTigniTIBS. 


euctionem canHituere ; proscribere domum v. fundum^ to adreitise 
for sale.^ And those whose f^^oods were thus iidvertised, were 
said pendere* and also the goods, bona suspensa ; because the 
adt'ertisement " was affixed to a pillar* in some public place.' 
So tabuloM catcHonaruu proferre t. ktbulam^ to publish," €ia tabu- 
lam adesse, to be present at the sale.' Thus also nib tiiubtm 
nostros muU aocaa lares^ i. e. domum, forced me to expose my 
house to sale.' 

It behored the auction to be made in public,' and there were 
courts in the forum where auctions were made,^" to which Juto- 
nal is thought to allude. Sat. rii. 7. A money-broker ^^ was also 
present, who marked down what was bidden, and to whom the 
purchaser either paid down the price, or gave security for it*' 
The sale was sometimes deferrecL^' 

The seller was called auctor, and was said vendere auctio* 
nem,^* in the same manner as a eeneral, when he sold the whole 
plunder of a city, was said vetSere sectionem,^ The right of 
property conveyed to the purchaser was called auctoritas ; and 
if toat right was not complete, he was said a malo auctore emere, 
to buy from a penon who had not a right to selL^ 

5. AoJDDiCATio, which properly took place only in three 
cases ; m famiUa herci9cunda, vel ercto ciundo, i e. hareditate 
dividenda, in dividing an inheritance among co-heirs,^' in com- 
muni dimdendo, in dividing a joint stock among partners,'^ m 
Jinibtu reffundis, in settling boundaries among neighboors,'* 
when the judre determined any thing to any of the heirs, part- 
nersy or neighbours, of which they got immediate property ; 
but arbiten were oonunonly appointed in settling bounds.** 
Sometimes, however, things were said to be adjudged "* to a 
person, which he obtained by the sentence of a judge from any 
cause whatever. 

6. Donatio. Donations which were made for some cause, 
were called mxthbra ; as from a client or freedman to his patron, 
on occasion of a birth or marriage.^ Those things which were 
given without any obligation, were called dona ; but these words 
are often confounded. 

At first presents were but rarely given among the Romans ; 
but afterwards, upon the increase of luxury, they became very 
frequent and costly. Clients and freedmen sent presents to 
their patrons,*^ slaves to their masters, citizens to the emperors 
and magistrates, friends and relations to one another, and that 
on various occasions ; particularly on the Kalends of January, 

1 Cifl. 7 Quin.8. 18 Hctio prafBrvbatw, 17 CicOr. L56.rae.a 

2 SmU Cbod. is. SUT.R.A.3rS. Cic. AtU sitt. U. 16 Cw. Bp. viL 13. 
a liWlhu ▼. UbclU. 9 Cie. ib. * RhIi. L 3. U Cie. Uvia. i. IS Cle. Legg. u 2U 

4 mlar.eolMMui. 10 atrU •uettMara. 15 Cw.^U. OalL it. » Cic. Top. 10. 

5 Sea. B»ii. IT. 12 11 wmnUrin*. 03. 81 adjidicart. 

Ck. Cat. U. 8. PhiL IS Cie. Cec 0. Qaia. 16 Cie. Vtrr. t. 82. 80 Tar. Pkarai. i. I. U 
ii.89. sLS. Plaat.CMia.iv. 8, U. 83 Ptta. Bp. t. U. 


called STBXRJB ; at the feasts of Saturn, and at public entertaiii- 
menta, apopborbta ; to guests, xbnia ; on birth-days, at mar^ 
tiageSy &c^ 

' Those things which were acquired by any of the above men* 
tioned methods, or by inheritance, by adoption,' or by hiw, as 
a legacy, && were said to be iir domikio quiritario, i. e. justo 
et iegitimo : other things were said to be w boris, and the pro- 
prietors of them were called bonitarii, whose right was not so 
good as that of the noxmi guiBiTARii, qui Optimo jure pauidere 
aicebanittr, who were secure against lawsuits. But Justinian 
abolished these distinctions. When a person had the use and 
enjoyment of a thing, but not the power or property of alienai- 
inc^ it was called ususfructus, either in one word,^ or in two^^ 
and the person froctuarius, or usufructuartos. 


NoNB but Roman dtisens * could make a will, or be witnesses 
to a testament, or inherit any thing by testament.* 

Anciently testaments used to be made at the Comitia Guriata, 
which were in that case properly called CaUUaJ 

The testament of a soldier just about to ens^age, was said to 
be made or PROcmcnr, when in the camp, while lie was girding 
himself, or preparing for battle, in presence of his feliow-soC 
diers, without writing, he named his heir.^ So in procinctu 
earmina facta, written bv Ovid at Tomi, where he was in con- 
tinual danger of an attack from the Getae.' 

Bat the usual method of making a will, aAer the laws of the 
twelve tables were enacted, was pbr xu bt LntLAw, or per familio} 
emptiontm^ as it was called ; wherein before five witnessei^ a 
libripens and an anteitatus, the testator, by an imaginary sale, 
disposed of his family and fortunes to one who was called 
FAHuiiB bmptor, who wBs uot the heir, as some have thought,'* 
but only admitted for the sake of form,'^ that the testator might 
seem to have alienated his effects in his lifetime. ll)is act was 
called FAMiLiJs MAHciPATio ; which being finished in due form, 
the testator, holding the testament in his hand, said, hjec, vn in 


was usual in like cases, he gently touched the tip of the ears of 
the witnesses;^ this act was called nuncvpatio testamkrti.'^ 
Hence namciipare haredem, for nominare, tcribtrey or facere.^* 
But sometimes this word signifies to name one's heir viva voce, 

1 PSb. a Mwtid. pM- Alio, Ck. Cm. 4. 7 G«II. sr. V. Ubfttor, qaod In In* 

■lak 4 M. umu Miifii cjnt at S naacaiMTit. Qc. Nat. auv nenorfae locut 

SvragalfeMb frM«M ftoiidi tMla> D. ii. 8. Or. U »«. er«t, Plln. si. 45. 

9 Aw, w«airmr<an Bfnto riri futrtt €•• 9 Pont i. 6. 10. la Plin. Kn. riil. 18. 

tmaSmm keaoraa m> •mm**. lb.T. 10 8aet.Ncr.4. 14 Siwt. & PQu. pw 

nrwn C w w i w bgat, » Mijwla. 11 dicia eww. ■bn. 

U frawvtar wu cmb 6 Don. 32. IS anrkula tacUuUw 


without writing; as Horace just before his death is said to have 
named Aun^tus. For the above mentioDed formalities were 
not always observed, especially in later times. It was reckoned 
sufficient if one subscribed his will, or even named his heir 
viva voce, before seven witnesses. Something similar to this 
seems to have prevailed anciently,^ whence an edict about that 
'matter is called by Cicero, vetus et t&ahslaticium, as being 

r Sometimes the testator wrote his will wholly with his own 
hand, in which case it was called holographum. Sometimes it 
was written by a friend or by others.' llius the testament of 
Augustus was partly written by himself, and partly by two of 
his freedmen.^ Lawyers were usually employed in writing or 
drawing up wills.' But it was oriiained under Claudius or 
Nero, that the writer of another's testament (called by lawyers 
testamentarius,) should not mark down any legacy for himself.^ 
When a testament was written by another, the testator wrote 
below, that he had dictated and read it over.' Testaments were 
usually written on tables covered over with wax, because in them 
a person could most easily erase what he wished to alter.' Hence 
CERA is put for tabula cerata or tabuUB testamenti.' F&ima 
CERA, for prima part taJbuhe^ the first part of the wilV" and ceba 
BXTREMA. or tmo, for the last part" but testaments were called 
TABpLA, although written on paper or parchment" 

Testaments were always suoscribed by the testator, and 
usually by the witnesses, and sealed with their seals or rings,^^ 
and also with the seals of others." They were likewise tied 
with a thread. Hence nee mea mbjecia convicta est gemma 
tabelia mendacem linis impotuiste notam, nor is my ring, u e. 
nor am I convicted of having affixed a false mark, or seal, to 
the thread on a forged deed or wilL^* It was ordained that the 
thread should be thrice drawn through holes, and sealed." 

The testator might unseal ^' his wUl, if he wished to alter or 
revise it" Sometimes he cancelled it altogether ; sometimes 
he only erased " one or two names. Testaments, like all other 
civil deeds, were always nTltten in Latin. A legacy expressed 
in Greek was not valid.''' There used to be several copies of 
the same testament. Thus Tiberius made two copies of his will, 
the one written by himself, and the other by one of his freed- 
men.'^ Testaments were deposited, either privately in the 
hands of a friend, or in a temple with the keeper of it" Thus 

1 He. V«rr. L tf . coawtfa t . lubutar, do. Q*. U. 18 matan rti PMogno. 

tlb.44. 8QalB.x.t.81. 1*. Mcra. U Cie.Att.TiL?.Sai>t. 19 indacckat t. dda 

4 8aM. Aax. iQi. 10 Hor. Sat. tL A. 53. Tib. c alt. FliB. Ep. bat. 

I Oe. Or. 11. 6. Sn«t 11 Cie. Vcr. L 88. SaeU is. I. » Ulfk Frag. nT.9. 

Mar. 82. Cm. 88, 15 OT.Ptat.H.0.81. 81 SacC Tib. e. alL 

5 UmU, N«r. 17. 18 Ula. 18 Sart. Ncr. 17. tt apU adituaa. 
7 W Id dleUMt tt r» 18 tAgmlB aorui obrif 17 rMifaara. 


JdIius Cesar is said to hare intrusted his testament to the eldest 
of the rectal rir;^ns.^ 

In the first part of a will, the heir or heirs were written thus : 


JUBBOy rel volo ; also, kmredtm facto, scribo, instituo. If there 
were sereral heirs, their difl^rent portions were marked. If a 
person had no children of his own, he assumed others, not only 
to inherit his fortune, but also to bear his name,' as Julius CsMar 
did Augustus.' 

If the heir or heirs who were first appointed* did not choose 
to aooepty' or died under the age of puoerty, others were sub- 
stituted in their room, called harbors sbcitbdi.' 

A oorpoirate city ' could neither inherit an estate, nor receire 
a l^picy^ but this was afterwards changed. 

A man might disinherit' his own children, one or all of them, 
and appoint what other persons he pleased to be his heirs ; thus, 
TiTius Fn.ius MBus BXRJKBE8 BSTO.*' Somotimes the cause '^ was 
added." A testament of this kind was called momciosuM, and 
when the children raised an action for rescinding it, it was said 
to be done per querelam ivoFnciosi. 

Sometimes a man left his fortune in trust ^ to a friend on 
certain conditions, particularly that he should gire it up ^* to 
some person or persons. Whaterer was left m this manner, 
whether the whole estate, or any one thing, as a farm, &c. wai 
called FXDBicoMMissiTM, a trust ; and a person to whom it was 
thus left, was called habbs nouciABivs, who might either be a 
citizen or a foreigner.^^ A testament of this kind was expressed 
in the form of request or entreaty f^ thus, booo, pbto, volo, 
ULKDO, FiDEi TUJs coKMiTTo f'^ Bud uot by wRy of command,*' aa 
all testaments were, and miffht be written in any language. 

In the last part of the wiJl,^ tutors were appointed for one's 
children, and legacies " left to legatees ^ all in direct and com* 
manding worda : thus, totob esto, vel tutobbs subto : tutobbm 
f. -Bs DO.** And to their protection the testator recommended 
his diildren." 

Legacies were left in four different ways, which lawyers hare 
distinguished by the following names. — 1. Per rinnicATioNBM 
thus^ DO, LBoo ; also, capxto, suvito, r. habbto.*^ This form was 
so called from the mode of claiming property.^ — 3. Per damba^ 
TioBBM : thus, HfBBs MBUS, DAMBAs B8TO DABB, &C. Let my heir 

H I , II IB^I ^ ■ - - ---■ - - '■ - - ■ 

1 Swt. J•^ 83^ CI& Cim* II. Hot. Sit •xh«T«dttionlf> 16 verbis mpoatlTw. 

t aMca am* term. ii. ft. 45. SmtU JaL 83. IS Cic Ola. 48. Quia. 1> In ub lUi MconaU. 

SiataadiuiawMMiic 7 rMpablioa. rtL 4. 90. duel. :{. 90 legvta. 

•dnIftTH, adKtvh, 8 Pfio. Up. ▼. 7. U fldei ooaimitt*b>t. VI legaUrii*. 

Smi. unapNt, Plia. 9 cskaradara. i« at rMtitiMi«t t. nd. 91 Cw. Kii. siiu 6U 

4 te«itacL II Plla. Bp. t. 1. b«iM i»nU Plin. Ep* »• !• 

5 bvndHalm mOn^r Jar. Sat. Ul, eodka 15 1. 8. s. 4. D. da so* 83 Or. Tr. iii. tl. 14. 

„: > aoUaat. mw bmadta ratat oaplU, SI to vhleh VircU air 

8 aecaada lowv. oada aaaaaaaa. 16 rarbb pracatiris. Iad«s. J£a. r. 533. 

•crfftf ▼• aahiStBli. Ualashna. L c cavw 17 Tar. Aad. lU 5. 85 Ck. Mar. 1&. 



be bound, &c;' and so in the plural, dammas sunto. By this 
form tbe testator was said damnare MBredem^ to bind his heir. 
Hence damnare aliquem voiis* civitas dtmmata voti, bound to 
perform.' But it was otherwise expressed thus, habbs mbus 





BUMiTO, siBiguB HABETO, vel procipiot, &c. when any thing was 
left to any person, which he was to eet before the inheritance 
was divided, or when any thing particular was left to any one 
of the co-heirs besides his own share.* Hence pbecipebb, to 
receive in preference to others ; and pb^bcbftio, a certain legacy 
to be paid out of the first part of the fortune of the deceased,^ 
as certain creditors had a privilege to be preferred to others." 

When additions were made to a will, they were called cooi- 
C1U.L They were expressed in the form of a letter addressed 
to the heirs, sometimes also to trustees.' It behoved tliem how- 
ever to be confirmed by the testament' 

After the death of the testator, his will was opened,^ in pre- 
sence of the witnesses who had sealed it,^° or a majority of 
tbem.^ And if they were absent or dead, a copy of the will 
was taken in presence of other respectable persons, and the 
authentic testament was laid up in the public archives, that if 
the copy were lost, another might be taken from it^ Horace 
ridicules a miser who ordered hia heiia to inscribe on his tomb 
the sum he left." 

It was esteemed honourable to be named in tbe testament of 
a friend or relation, and considered as a mark of disrespect to 
be passed over.^* 

it was usually required by the testament^ that the heir should 
enter upon the inheritance within a certain time, in 60 or 100 
days at most^ This act was called habeditatis cbetio,^' and 
was performed before witnesses in these words : cum me Misviua 


saying which," the heir was said hjireditatem aoibsb. But 
when this formality " was not required, one became heir by 
acting as such,"' although he might, if he diose, also observe the 
solemn form. 

If the father or grandfiither succeeded, they were called h^e- 
redes ascbicdbntes ; if, as was natural, the children or grand- 
children, DB8CENDENTE8 ; if brothers or sisters, collatebales. 

_ .. ^^^^^^^^^^^^_^^_ 

1 Qttin. Tiii. 9. 9. cnditoribot praepaiian> wt. tait w karadrm mi", 

8 Vlrg. Mn. ▼. 8«. tor, Id. x. IW. 110. M Sat. ti. 8. 8*. dieitar cwiMra, V vr 

9 Lir.T. 83 7 wi fideiovnmisMrios. 14 Cte. Uoa. 19. 88. UL. vLft. 

4 to wkiek Vlrcil al- 8 PUd. Bp. U. 10. Sttt. BL PhiL iL Ul 17 dietb erttlMh vtr. 

ladM, Mn. ix. 871. 9 H«r. Bbl i. 7. Siwt. Aa«. 86. bb. 

8 PIiB. Bp. r. 7. 10 coram ugiutoribua. Id Cic. A u. xiii. 48. Or. 18 erotioBii Mbaul 

protopnuia, L a. pri- 11 Soat. Tib. 83. \.tL Plio. Ep.s. 79. 18 pro harada aa 

rilaftoBi qao cMaria U aaaal ondo pa«i poa- 10 iMrea eui cwaii- nodo val faatiaoo. 



If any od6 died withoot makin(f a will,' bis goods derolTod 
on bis nearest relations ; first to his children, &]ing them, to 
his nearast relations by the father's side,^ and failioff theni^ to 
thoee of the same gens.' At Nice, the commwiity claimed the 
estate of every citioen who died intestate.* 

The inheritance was commonly divided into twelve parts, 
called uncus. The whole was called as. Hence hsBves ex atse, 
heir to one's whole fortune ; Atfres ex iemuse, ex triatte, dO' 
drante, &c to the half, third, three fourths, &c. 

The uifciA was also divided into parts ; the half smimciA, the 
third DDELLA, or bina iextula, the fourth sicilicum, v. -vs, the 

sixth SKXTUI.A.' 


Airr father of a family might leave whom he pleased as guar- 
dians ' to his children.' But if be died intestate, this c&rge 
devolved by law on the nearest relation by the father's side. 
Henoe it was called TnixLA lboithia. This law is generally 
blamed, as in later times it gave occasion to many muds in 
prejadioe of wards." 

When there was no guardian by testament nor a legal one^ 
then a guardian was appointed to minors and to women by the 
praetor, and the majority of the tributes of the people, by the 
Atilian law, made A. (J* 443. But this law was afterwards 

Among the ancient lU>man% women could not transact any 
private business of importance, without the concurrence of their 
parents, husbands, or guardians f and a husband at his death 
might appoint a guardian to his wife, as to his daughter, or 
leave her the choice of her own guardians.^' Women, however, 
seem sometimes to have acted as guardians." 

If any j;uardian did not discharge his duty properly, or de- 
frauded his pupil, there was an action against him.^ 

Under the emperors, guardians were obliged to give secu- 
rity '^ for their proper conduct.'* A signal instance of punish- 
ment inflicted on a perfidious guardian is recorded, Suet (ialb. 9. 


Thxsb were jus census, militus, trUnUontm, stffragii, honorum^ 
ei sacrarunu 

L Jus cBNsns. The right of being enroUed in the censor's 
books. This will be treated of in another place. 

1 fatcalttm. 6 tntom. FImb. 34, 8ft. Cm. S. 

t MMtis. 7 lAr. \.WL 10 Lir. »sU. 19. IS Kliadam 

a c^atilibn. 8 raplUi, Har. Sat. IL 11 liv. xxxh. H 14 nm papOH bra nl- 

« Fttk Bp.s. 88L S. ivt. Sat. tL n. IS Jodiclnm Uiteltt, Oe. tub, 0i«Mt. 

* Ck.GM.ft. B LtT. uaiT. & Ck. IUm. ft. Or. L M. 



II. Jvs KixjTiis. The right of Mrring in ih« aniiy. M first 
none but citizens were enliBted, and not even those of the lowest 
class. But in afkertimes this was altered ; and nnder the empe- 
rors soldiers were taken, not only from Italy and the provinoes, 
but also at last from barbaroos nations.^ 

III. Jus TRiBUTORUM. Tributum proporly was money publicly 
Imposed on the people, which was exacted firom each indiTidual 
through the tribes in proportion to the yaluation of his estate.' 
Money publicly exacted on any other aooonnt, or in any other 
manner, was cidled vbctioal.^ But these words are not always 

There were three kinds of tribute ; one imposed equally on 
each person,^ which took place under the first Jdngs f another 
according to the valuation of their estate ;' and a third which 
was extraordinary, and demanded only in cases of necessity, 
and therefore depending on no rule.^ It was in many instances 
also voluntary,^ and an account of it was taken, that when the 
treasury was again enriched, it might be repaid, as was done 
after the second Funic war.^ 

After the expulsion of the kings, the poor were for some 
time freed from the burden of taxes, until tiie year 349, when 
the senate decreed, that pay should be given from the treasury 
to the common people in the army, who had hitherto served at 
their own expense ; whereupon all were forced to contribute 
annually according to their fortune for the pay of the soldiers." 

In the year of the city 586, annual tributes were remitted, on 
account of the immense sums brought into the treasury by h, 
Paulus ^militts, after the defeat of rerseus,^^ and this immunity 
from taxes continued, according to Plutarch, down to the con- 
sulship of Hirtins and Pansa. 

The other taxes ^ were of three kinds, pcrtorwrn, deeumm, 
and acriptura. 

1. PoRTORiuH was money paid at the port for goods imported 
and exported, the collectors of which were called portitorks ; 
or for carrying goods over a bridge, where every carriage paid 
a certain sum to the exactor of the toU.^ The portoria were 
remitted A. U. 692, the year in which Pompey triumphed over 
Mithridates,^* but were a^fterwards imposed on foreign merchan- 
dise by Caesar.^* 

2. Dbcuma, tithes, were the tenth part of com, and the fifth 
part of other fruits, which were exacted from Uiose who tilled 
the public lands, either in Italy or without it Those who 
farmed the tithes were called nnciniANi, and esteemed the most 

I Zo«. Ir. 90, 8l 8 ea cenn, Lit. I. 43. 10 Lit. it. M, 60. 14 Dio.37. »1. Oie. Atti 

% n-o portion* gcmiis. it. 60. Diony. it. S. It. 11 Gie. Off> ii. SL ii. 16. 

3 V«n-. L. &T. 86. 7 temerariain, Fe«t. 18 Tcetinlia. \6 SueL JaL Hi. 

4 la cifiu. 8 Lit. uvL 36. 13 Dignt.VM. Cm. B. 
ft Diaof. IT. 13. 9 U. O. U 18. cl ui. 1. 


hoaowaUe of the publkaiis or farmers general, as agricultara 
was esteemed the most honourable way of making a fortune 
araone ^o Romans.^ The ground from which tithes were paid 
was atto called xncvwAirus.' But these lands were all sold or 
dirtributed amimg the citizens at different tiroes, and the land 
of Gapua the last^ by Catsar.' 

3L iicaiFTUBA was the tax paid from public pastures and 
«(K>ds ; so called, because those who wished to feea their cattle 
there, sobocribed their names before the former of them,* and 
paid a esrtain sum for each beast ;' as was likewise done in all 
the tithe lands.^ 

All those taxes were let publicly by the censors at Rome.' 
Those who formed them^ were called publicani or mancipes.' 
They also gave securities to the people ,'° and had partners who 
shaaed the profit and loss with them.^^ 

There was long a tax upon salt. In the second year after 
the expulsion of Tarquin, it was ordained that salt should not 
be sold by private persons, but should be furnished at a lower 
rate by the public" A new tax was imposed on salt in the 
second Punic war, at the suggestion of the censors Claudius 
Neio and Linns, chiefly the latter ; who hence got the surname 
of Safinator.^ But this tax was also dropped, although it is 
uncertain at what time. 

There was another tax which continued longer, called ticb- 
siHA, L e. the twentieth part of the value of any slave who was 
freed.^* It was imposed by a law of the people assembled by 
tribes, and confirmed by the senate. Wnat was singular, the 
law was passed in the camp.^^ The money raised from this 
tax ^ osed to be kept for the last exigencies of the state.^^ 

Various other taxes were invented by die emperort ; as the 
hondredth part of things to be sold,^® the twenty-mth of slaves,^' 
and the twentieth of inheritances,^ by Augustus,'^ a tax on eat- 
ables,*' by Caligula," and even on urine, by Vespasian.^ 

IV. Jus suTTBAoii, the right of voting in the diflferent assem- 
blies of the people. 

V. Jvs HONOBUM, the right of bearing public offices in the 
state. These were either priesthoods or magistracies,^ which at 
first were conferred only on patricians^ but afterwards were all, 
except a few, shared with the plebeians. 

VI. Jus SACBOBUM. kfacrod rites were either public or pri 

J Cie. Vvr. fi. U. iii. 6 id urU dMsuaania, 18 Lit. U. 9. mueipiorani. 

8. Cie. Verr. iii. Si. U Ur. nix. 37. 20 ri%»nm% barr«dito 

t Os. V«r. tti. a. PkaC. True. f. 8. 44. 14 Cie. Att. ii. 16. tan. 

a Soct. JaL ». Cie. 7 locsbtntur wb huU, M Ltr. tU. 16. SI Soet. Aag. 49. Dllb 

Att.iL16. Cie. Rail. i. 8. 16 aann vlcesiiu- U.M, 

4 eoraa p«mirio vd 8 radinebut t. cgada- riom. SS pro edoUia. 
soriBtMrw. Varr. eebeat. 17 Ur, *xru. 10. S8 Soet. 40. 
Bast. it. 16. 9 Cie. Ooa. 10. 16 eentaeiMK, Tec. f. M SneU 13, Ac 

5 Feet, m eeripturiu 10 fradee. 78. 83 euerdotk et oiRfiU- 

a«cr. 11 eoeii. 19 ragedaa fointa Uatue. 

66 A0¥A1I ANTlgUITm. 

▼ate. The public were those performed at the public expense: 
the private were those which every one privately observed at 
home. The vestal virgins preserved the public hearth of the 
dty ; the curiones with their curiaies kept the hearths of the 
thirty curias ; the priests of each village kept tbe fires of each 
village.^ And because upon the public establishment of Chris- 
tianity in the empire, when, by the decrees of Gonstantine and 
his sons, the profane worship of the {(ods was prohibited in 
cities, and their temples shut, those "who were attached to the 
old superstition fled to the country, and secretly performed 
their former sacred rites in the villages ; hence paoavs came to 
be used for heathens,* or for those who were not Christiana ; 
as anciently amonff the Romans those were called pagani who 
were not soldiers.^ Thus, pagani et moidani^ are called plebes 
urbana by Cicero, because they were ranked among the city 
tribes, although they lived in the villages and mountains.* 

Each gens had certain sacred rites peculiar to itself,^ which 
they did not intermit even in the heat of a war/ Every father 
of a family had his own household-gods, whom he worshipped 
privately at home. 

Those who came from the free towns, and settled at Rome, 
retained their municipal sacred rites, and the colonies retained 
the sacred rites of the Roman people. 

No new or foreign gods could be adopted by the Romans, un- 
less by public auUiority. Thus ^^cuiapius was publicly sent 
for from Epidaurus, and Cybele from Phrygia.' Hence, if any 
one had introduced foreign rites of himself, they were publicly- 
condemned by the senate,^ But under the emperors, all the 
superstition of foreign nations flocked to Rome ; as the sacred 
rites of Isis, Serapis, and Anubis from Egypt, &c. 

These were the private and public rights of Roman dtisens. 
It was a maxim among the Romans, that no one could be a 
citizen of Rome, who suffered himself to be made a citizen of 
any other city ;' which was not the case in Greece :^" and no 
one could lose the freedom of the city against his wilL*^ If the 
rights of a citizen were taken from any one, either by way of 
punishment, or for any other cause, some fiction always took 
place. Thus, when citizens were banished, they did not expel 
them by force, but their goods were confiscated, and themselves 
were forbidden the use of fire and water,^ which obliged them 
to repair to some foreign place. Augustus added to this form of 
banishment what was called nspoBTATio, whereby the con* 
demned, being deprived of their rights and fortunes, were con- 

1 pwoma. 4 Oon. S8 xaiau 14. 11 Go. Don. H^ M< 

B iiMM*, G«ntilM. 5 cmHlttb, LIr. t. St. 9 Cio. Cmc 8S. N«p. Cmc. A 

g Jut. sTi 8S. SmC C Uv. t 46. AU. t. IS ii« l(M ft aqu b. 

e«]kUlFlukEp.fii. T Lhr. syIx. 11, la. 10 Oe. Ardi. C Baft. 

». a Ur. iT. 80. uv. 1. UL 

jvi LATir. 67 


*•' Teyed to a oevtain place, without haring it to their own choice 
^ to go where they pleased. 

^ When any one was sent away to any place, withont being de> 
^ priyed of his righti and fortones, it was called rblioatio.* 
^ 80 captives in war did not properly lose the rights of dtisens. 
19;- Those rights were only sospended, and night be recovered, as 
B< it was called, jure postiimmii, by the right of restoration or 
u return.* 

In like manner, if any foreigner who had got the freedom of 
Rome retained to his native city, and again became a citisen of 
it, he ceawd to be a Roman citizen.' Tiiis was called pottUad' 
ntmn, with regard to his own country, and refectio dviiatis with 
r^iard to Rome. 

Any loss of liberty, or of the rights of citiaens, was called 
DiHinuTio CAPITIS, ju$ Hbertotis imminutum* Hence capUU mi- 
nor , sc. ratione vel respectu, or capite diminutug, lessened in his 
state, or degraded from the rank of a citizen.' The loss of 
fiberty, which included the loss of the dty , and of one's family, 
was called diminutio eapitia maxima; banishment, dimimUio 
media ; any change of family, intntma.' 


Thb jus s.ATit or 1.ATIKITA8,' was next to thejus dviioHs* La- 
tiiitt andently ' was bounded by the rivers liber, Anio, Ufens, 
and the Tuscan sea. It contained the Albans, Rutuli, and 
.fiqni. It was afterwards extended' to the river liris, and 
comprehended the Osd, Ausones, and Volsci.*^ The inhabi- 
taals of ^^tinF" were called latini socij, homkm latinum, bt socii 
LATiNi KOHiHis, && SocH et Latimtm nomen, means the Italians 
and Latins. 

The JUS LATii was inferior to the jus ctvitatUy and superior to 
the.^ ItaJicum. But the precise difference is not ascertained. 

The Latins used their own laws, and were not subject to the 
edicts of the Roman praetor. They were permitted to adopt 
some of the Roman laws, if they chose it, and then they were 
called ropULi ruvDi. If any state did not choose it, it was said 
B iisai, Y. de ea lege vundus fieri nolle, t e. auctor, mbscriptor 
esse, T. eamprobare et recipereJ^ 

The Latins were not enrolled at Rome, but in their own 
cities.^ They might be called to Rome to give their votes 
about any thing, but then they were not included in a certain 
tribe, and used to cast lots to know in what tribe they should 

1 TkM Ov. Tirhl. 0. 4 Cic MU. 36. SaU. nalii. » LMlimi Notiw. 

137. r. 11. SI. Cat.aT. 7 Soet. Auc. 47. Cic. 10 Plio. Ui. 9. 

I Oc Tap. 8. Or. L «. S Hot. Od. iU. 5. 4S. Att. sir. l£ 11 Cic. B«lb. a 

3 Ck. Batt. U. f Dij;. ii. 4« Mplta mi- 8 Latku Valaa. IS Uv. &U. •• 


vote ; ^ and when the consuls chose, they ordered them by a do* 
cree of the senate to leave the city, which , however, rarely hap- 

Such Latins as had borne a civil office in their own stata be- 
came citizens of Rome ;^ but could not enjoy honours before the 
lex Julia was made,* by which law the right of voting and of 
enjoying honours was granted to those who had continued faith- 
ful to E^me in the Social war, A. U. 663 ; which the Latins had 
done. The distinction, however, betwixt the jus Latii and the 
jtu civitatiSf and the same mode of acquiring the full right of 
atizenship, was still retained.* 

The Liitins at first were not allowed the use of amis for their 
own defence, without the order of the people ;** but afterwards 
they served as allies in the Roman army, and indeed constituted 
the principal part of its strength. They sometimes furnished 
two thirds of the cavalry, and also of the infantry/ But they 
were not embodied in the legions^ and were treated with more 
severity than Roman citizens, being punished with stripes, from 
which citizens were exempted by the Portian law.^ 

llie Latins had certain sacred rites in common with Roman 
citizens ; as the sacred rites of Diana at Rome, (instituted by 
Servius Tullius,' in imitation of the Amphictyones at Delphi, 
and of the Grecian states in Asia in the temple of Diana at 
Ephesus,^") and the Latin holy-days kept with great solemnity 
on the Alban mountain ; first for one day, the S7th of April, 
and afterwards for several days. The Romans always presided 
at the sacrifices." Besides these, the Latins had certain sacred 
rites, and deities peculiar to themselves, which they worship- 
ped ; as Feronia at Terracina, Jupiter at Lanuvium.^ 

They had also solemn assemblies in the grove of Ferentina,^' 
which appear in ancient times to have been employed for po- 
litical as well as religious purposes. From this convention ail 
those were excluded who did not enjoy the jut Latii. 


All the country between the Tuscan and Hadriatic seas^ to Uie 
rivers Rubicon and Macra, except Latium, was callea Italy. 
Tlie states of Italy, being subdued by the Romans in diflerent 
wars, were received into alliance on different conditions. In 
nuiny respects they were in the same state wiUi the Latins. 
They enjoyed their own laws and magistrates, and were not 
subject to the Roman prastor. They were taxed ^* in their own 

1 Lir. xzT. I, 5 p«r Laklaa In elvita* 7 Ur, iii. 2L xxt. 17. et 11 Ur. ni. e. nit a« 

I Cie.Bnit.9S.SfBt.19. ten vmlandl. Plin. alibi pMsin. 1. XHony. ir. 48. 

I A pp. B«U. Clr. fi. p. hn. 87. 30. Strtb. ir. 8 SaII. Jne. 69. 13 Ltv. xxxii. 9, 

•*n, p. 188. 9 LIr. I. W. l» Ur {.90. 

i Ut. tUI. *. xsUi. ». 6 Ur. ii. SO. Hi. 19.. 10 Dieny. iv, 8C. 14 ecmi. 


cities^ and funiiabed a certain number ei soldiers aoo(irdin|r to 
treaty. But they had no access to the freedom of Rome, and 
no narticipation of sacred rites. 

Aflter the second Punic war, soTeral of the Italian states, for 
baTing roTolted to Hannibal, were reduced to a harder condition 
by the dictator Sulpicius Galba. A. U. 550 ; especially the Bru- 
tii, Ficentini, and Lucani, who were no lon^^ treated as allies* 
and did not furnish soldiers, but public slaves.^ Capua, which 
a little before had been taken, lost its public buildings and ter- 
ritory.^ But after a long and violent struggle in the Social, or 
Marsic war, all the Italians obtained the right of TOting and of 
enjoying honours by the Julian and other laws. SnJla iu>ridged 
these priFileges to those who had favoured the opposite party ; 
hut this was of short continuance.' Augustus made various 
changes^ He ordered the votes of the Itauans to be taken at 
home, and sent to Rome on the day of the comitia.* He also 
granted them an exemption from furnishing soldiers.' 

The distinction of tne jiu Latii and ItaUctan, however, still 
continued, and these rights were granted to various cities and 
states out of Italy.' In consequence of which, farms in those 
places were said to be ik solo italico, as well as those in Italy, 
and were called pa^DU cbnsui cbhssmdo,^ and said to be tn cor^ 
pore cetuuM, L e. to constitute part of that estate, according to the 
valuation of which in the censor's books every one paid taxes.^ 


Tbosb countries were called provinces, which the Roman peo- 
ple, having conquered by arms, or reduced any other way under 
their power, subjected to be governed by magistrates sent from 
Rome.' The senate having received letters concerning the re- 
duction of any country, consulted what laws they thought proper 
should be prescribed to the conquered, and sent commonly ten 
ambassadors, with whose concurrence, the general who had 
gained the conquest might settle every thing. ^" 

These laws were called the form or formula of the province. 
Whatever the general, with the advice of the ten ambassadors, 
determined, used to be pronounced publicly by him before an 
assembly, after silence was made by a henild.^^ Hence, in for- 
muiam socwrvm rrferri, to be enrolled among." Urbem foT' 
mml^ ndjurigfacere, to hold in dependence or subjection." In 
antiqui forrmJam juris reMtUui, to be brought into their former 
state of dependence on, &c.*^ 

1 A. 0«n. X. 3. 6 Plla. fit. t, 4. eivUl, Cle. Flae. S8. 11 Ut. xW. ». C4«. 

t I4v. xkiv. le. T q««<i in oMimia rafcr* 8 J«t. zri. 58. DIo. 88. 1. V«rt. ». 1% 

a Cia. Iten.a8. ri potarut, ntpoto rm 9 quod »» ifforidt, i. 18 Liv. xliv. 18. 

« SmI. A«f . 48. inndpi, q«« Twira e. uta visit, VmI. 18 Lir. uurlii. % 

» Hfma.iCU. cmifM xnHmnA Jw« 10 Ur. kW. 17, 18. 14 I«r.iuuUJ3.n 


The fint country which the Romans reduced into the form of 
a proTince, was Sicily.^ 

The condition of aJl the proTinces was not the same, nor of 
all the cities in the same proTinoe, but different according to 
their merits towards the Roman people; as they had either 
spontaneously surrendered, or made a long and obstinate resis- 
tance. Some were allowed the use of their own laws, and to 
choose their own magistrates ; others were not. Some also were 
deprived of part of their territory. 

Into each province was sent a Roman governor (prases),* to 
command the troops in it, and to administer justice ; together 
with a quaestor, to take care of the public money and taxes, and 
to keep an account of what was received and expended in the 
province. The provinces ^ere grievously oppressed with taxes. 
The Romans imposed on the vanquished, either an annual tri- 
bute, which was called census capitis, or deprived them of part 
of their grounds ; and either sent planters thither from the city, 
or restored them to the vanquished, on condition that they 
should give a certain part of the produce to the republic, which 
was called census soli.^ The former, 1. e. those who paid their 
taxes in money, were called sTiPXNDiARn, or tributarily as Gallia 
camnta* The latter, vbotioales ; who are thought to have been 
in a better condition than the former. But these words are 
sometimes confounded. 

The sum which the Romans annually received from the sti- 
pendiary states was always the same ; but the revenues of the 
vectigales depended on the uncertain produce of the tithes, of 
the taxes on the public pastures,' and on goods imported and 
exported.^ Sometimes instead of the tenth part, if the province 
was less fertile, the twentieth ,only was exacted, as from the 
Spaniards.' Sometimes in cases of necessity, an addidonal 
tenth part was exacted above what was due ; but then money was 
paid for it to the husbandmen f whence it was called frttmenhtm 
emptum, also decumanum, or imperaiunu^ 

Asoonius in his commentary on Cicero,^'' mentiotts three kinds 
of payment made by the provinciab ; the regulmr or usual tax, 
a voluntary contribution or benevolence, and an extraordinary 
exaction or demaod.^^ 

Under the emperors a rule was made out, called canon fru- 
MENTARius, In whlch was comprised what com each province 
ought yearly to furnish. The corn thus received was laid up 
in pubUc granaries, both at Rome and in the provinces, whence 
it was given out by those who had the care of provisions, to the 

1 Clo. Varr. U. 1. 6 portariaB. 10 Vmr. II. 2. tionb, quod onu «•• 

S Or. PoaL ir. 7. 3. 7 Llr. xlliL S. 1 1 •mna nwaa pculU- aet ; et iwUctimia, 

8 Cic V«rr. lii. 6. T. 6. 8 Cie. Verr. iiL 81. tionU la hoc capita po- qnod impaiaratBr. la 

4SarUjBl.U. 9 Ur. uxvL 8. uxvii. •lliun a«l, eoDonla, which f<mw Indtetio b 

I wiatanu 8. M. vlii. 31 qood dabcrvbir ; oblap luoii by Pliiqr, Paa. m 


people Mid aoldien. Besides a oertain sum paid for the public 
paeliire^ the people of the proTinoes were oblif^ to furnifh a 
certain number of cattle from their flocks.^ And besides the 
tax paid at the port^ as in Sicily, in Asis, and in Britain, they 
also paid a tax for journeys ;' especially for carrying a corpse, 
which could not be transported from one place to another with- 
out the permission of the high priest or of the emperor. But 
this tax was abolished. There was also a tax on iron, silver, 
and gold mines, as in Spain ; on marble in Africa ; on various 
mines in Macedonia, Iliyricum, Thrace, Britjiin, and Sardinia; 
and also on salt pits, as in Macedonia.^ 


MmticiPiA were foreign towns which obtained the right of Ro- 
man citixens. Of these there were different kinds. Some pos- 
sessed all the rights of Roman citizens, except such as could not 
be enjoyed without residing at Rome. Others enjoyed the 
right of serring in the Roman legion,* but had not the right of 
voting and of obtaining civil offices. 

Tho Municipia used their own laws and customs, which were 
called LBoss MuiriciPALBs ; nor were they obliged to receive the 
Roman laws unless they chose it* Ana some chose to remain 
as confederate states,' rather than become Roman citizens ; as 
thepeople of Heraclea and Naples.^ 

Inere were anciently no such free towns except in Italy, but 
afterwards we find them also in the provinces. Thus Pliny 
mentions eight in Boetica, and thirteen in hither Spain.^ 

CoLOiriBs were cities or lands which Roman citizens were sent 
to inhabit They were transplanted commonly by three com- 
missioners,' sometimes by five, ten, or more. Twenty were ap- 
pointed to setde the colony at Capua, by the Julian law.^'^ The 
people determined in what manner the lands were to be dirided, 
andTto whom. The new colony marched to their destined place 
in the form of an army, with colours fiying.^^ The lands were 
marked round with a plough, and his own portion assigned to 
every one.^ All which was done alter taking the auspices, and 
offering sacrifices." 

When a city was to be built, the founder, dressed in a Gabi- 
nian garb,'* (i. e. with his toga tucked up, and the lappet of it 
thrown back over the left shoulder, and brought round under 
the right arm to the breast, so that it girded him, and made the 

1 Vopiv^ Prab. 1*. pn« fiotaraaL 9 p«r triamTirM oolo- IS Virf. JB«. i. 483. v. 

BGc V«r. ii. 7*. & nisi fandi fitti vtl- nui dedoeuda mto- 755. 

Acnr.a.S».Tae.ACT. lent. qu dWidaado, Lir. 13 Cie. PhO. h. 40. 48. 

31.:$wU V«. M. 6 dvitalM fbedtt^tiB. TilL 1». H Qabino cinclu orM. 

8UT.Ba'<T.3l.slv.S9l f Cie.B«11i.8. 10 Dio. uxTiU. 1. tiu. t. Gjbmo i.«it» 

« MOMCB mifiUria c*> 8 Hist. N»t. Ui. 2. U nb tuUIo. lucinctua, Lir. t. 40. 

62 ftOMAK AnnguiTiSk 

toga shorter and closer,) yoldngf a cow and a bull to the plough, 
the coulter whereof was of brass, marked oat by a deep furrow 
the whole compass of the city ; and these two animals, with other 
yicdms, were sacrificed on uie altars. All the people or plant- 
ers followed, and turned inwards the clods cat by the plou^. 
Where they wanted a gate to be, they took up the plough and 
left a space. Hence pokta, a gate.^ And towns are said to have 
been called urbies from being surroanded by the ploarh.' The 
form of founding cities among the Greeks is described by Pau- 
sanias, ▼. 27, who says that the first city built was Lyoosara in 
Arcadia, viii. 38. 

When a dty was solemnly destroyed, the plough was also 
drawn along ' where the walls had stood.* We read in the sa* 
cred writings of salt being sown on the ground where cities had 
stood.' The walls of cities were looked upon by the ancients 
as sacred, but not the gates.' The gates, howevery were reck- 
oned inviolable.' 

A space of ground was left free from buildings both within 
and without the walls, which was called pomoouum,^ and was 
likewise held sacred.^ Sometimes put only for the open space 
without the walls.^*^ When the city was enlarged, the pomoe-^ 
Hum also was extended.^^ These ceremonies used in building 
cities are said to have been borrowed from the Hetrurians.^' 

It was unlawful to plant a new colony where one had been 
planted before ; ^' but supplies might be senL The colonies so- 
lemnly kept the anniversary of ueir first settlement.^* Some 
colonies consisted of Roman citizens only, some of Latins, and 
others of Italians." Hence their rights were different. iSome 
think that the Roman colonies enjoyed all the rights of citizens, 
as they are often called Roman citizens, and were once enrolled 
in the censor's books at Rome.^' But most are of opinion, Uiat 
the colonies had not the riaht of voting, nor of bearing offices 
at Rome." The rights of Latin colonies were more umited ; 
so that Roman citizens who gave their names to a Latin colony, 
suffered a diminution of rank.*^ The Italian colonies were in 
a still worse condition. The difference consisted chiefly in 
their different immunity from taxes. 

Sylla, to reward his veterans, first introduced the custom of 
settling MILITARY COLONIES, which was imitated by Julius Caesar, 
Augustus, and others. To those colonies whole legions wero 
sent, with their officers, their tribunes, and centurions ; but this 

1 ■ portaado tratnuB. fnit. Or. Her. L SS. 9 Ur. i. 44. Cie. Att. Ir. 1. 8nt. 

Z Mb orb*, val ab uiro, ft Jim1(. is. 45. Mie. UI. 10 Flur. i. 9. 68. 

I. •. burl, bIv* arari 18. 11 hi conaaerad fin^i 15 lir. snlx. 55. 

•orratara. Van. Lat. • PlaL Queat. 18. p roferabaatur, Lir. lb. 16 14. sxU. SI. 

L. iv. t Peal. 7 aaocla. 18 ibid. 17 Dia. iJiii. W 50. 

i iUuerbatar. 8 i. a. kcaa eirea ■». 18 Cie. PbU. ii. 40. 18 Cie. Cm. 88 

* Her* 04. i. 16. bnwa ran, v«l poal Buiroai 14 dian aatalam mlo- SO. 

«■ aegaa eat, bU Troja iutiia vt Mtra. si* relifieac celrbant| 


cnstom afterwards fell into difuae.* For the sake of distinction 
the other colonies were called cmLss, tlmbeim, or togata, be* 
eanse they consisted of citizens^ or, as they were afterwards 
nasMd, pAOANi, or privatit who were opposed to soldiers.' 

The colonies dimred from the free towns in this, that thev 
used the laws prescribed them by the Romans, but they had al- 
most the same kind of mwistrates. Their two chief roacistrates 
were called duumvibi, and their senators dscdrionbs ; becausey 
as some lay, when the colony was first planted, every tenth man 
was nude a senator. The finrtune requisite to be chosen a dect*- 
riOf under the emperors, was a hundred thousand sestertii.' 

Th* senate, or general council of Grecian cities, under the 
Roman empire, was called bulb; its members, bulbuts; the 
place where it met at Syracuse, bulbutbbium ; an assembly of 
the peo^e, boclbsla.* In some cities those who were chosen 
into the senate by their censors, paid a certain sum for their ad- 
mission,' and that even although chosen contrary to their own 
inclinations. In Bithynia, they were subjected to regulations 
with respect to the choice of senators, similar to those at Rome.' 
An act passed by the senate or people was called psbpbisma.' 
It was there custonuiry, upon a person's taking the manly robe, 
solemnising his marriage, entering upon the office of a magi- 
stratOy or dedicating any public worK, to invite the whole se- 
nate, together with a considerable piwt of the commonsdty, to 
the number of a thousand or more, and to distribute to each of 
the company a dole * of one or two denarii. This as having 
the appearance of an ambitious largess,' was disapproved of by 
Trajan." Each colony had commonly a patron, who took care 
of their interests at Rome.^^ 

P&bfbctub/b were towns to which prsfects were annually 
sent from Rome, to administer justice ; chosen partly by the 
people, and partly by the prietor.^' Towns were reduced to 
this form, which had been ungrateful to the Romans ; as Cala- 
tia, Gapua,^ and others. They neither enjoyed the rights of 
free towns nor of colonies, and differed little from the form of 
provinces. Their private right depended on the edicts of their 
prasfects, and their public right on the Roman senate, who im- 
posed on them taxes and service in war at pleasure. 8ome 
prafedurs, however, possessed greater privileges than others. 

Flaces in the country, or towns where markets were held, 
and justice administered, were called foba ; as forum aubblium, 
forum Apwi," forum Comelii, Julii, Livii, &c. Places where 
assemblies were held, and justice administered, were called con- 

1 Tm.Am.sIt.72. V«r. B. si. Flia. Bp. TM.s. S2,»8. l"*^. ^ ^ 

■ M« ^ »6. s. S. 8 sportoU. II iJr. I- W-pfcrnf. 

3 POiirKp. L 19. i hoMnriw tewto- » dfca«B«. Ui. «0. Ur. mH. 16. 

4 «MA«,CMrilium, Plia. Mlaa, M. 114. 10 PSa. Bb-h. 117, 118. 1« Cw. C«U I. 9. Att. 
«^i. 8C lift. Cio. S U. 88. lift. 11 IXoDr- u. 11 tU 10. 



ciLiABULA.' All Other cities which were neither numicipia, co» 
lanite, nor prmfectura, were called Confederate Statee.^ These 
were quite free, unless that they owed the Romans oertain 
things, according^ to treaty. Such was Capua, before it reYolted 
to HannibaL Such were also Tarentum, Naples, Tibur, and 


All those who were not citizens were called by the ancient Ro- 
mans, foreigners (perbgrini), wherever they lived, whether in 
the city or elsewhere. But after Caracalla g;ranted the fireedooi 
of the city to all freeborn men in the Roman world, and Justi* 
nian some time after granted it also to fineedmen, Uie name of 
foreiff-ners fell into disuse; and the inhabitants of the whole 
world were divided into Romans and Barbarians. The whole 
Roman empire itself was eddied romavia, which name is still 

given to Thrace, as being the last province which was retained 
y the Romans, almost until the taking of Coi^^ntinople by 
the Turks, A. D. 1453. 

MThile Rome was free, the condition of foreigners was very 
disagreeable. They mighty indeed, live in the city, but they 
enjoyed none of the privileges of citizens. They were also sub- 
ject to a particular jurisdiction, and sometimes were expelled 
from the city at the pleasure of the magistrates. Thus M. Ju- 
nius Pennus, A. U. 627. and C. Papius Celsus^ A. U. 688, both 
tribunes of the people, passed a law, ordering foreigners to leave 
the city. Augustus dia the same. But afterwards an immense 
number of foreigners flocked to Rome from all parts," so that 
the greatest part of the common people consisted of them; 
hence Rome is said to be mundiface repUta,* 

Foreigners were neither permitted to use the Roman dress,^ 
nor had they the right of legal property, or of making a mil. 
When a foreigner died, his eoods were either reduced into the 
treasury, as having no heir,^or if he had attached himself^ to 
any person, as a patron, that person succeeded to his effects 
JURE APFLiCATioNiB, as it was Called.^ 

But in process of time these inconveniences were removed, 
and foreigners were not only advanced to the highest honours 
in the state, but some of them even made emperors. 

Aj« assembly of the whole Roman people to give their vole 

1 Liv. zl. 37. 8. Smt. An^ 4S. Jar. 4 ftlM wUk Ui« wtmm of 6 qout bona vaeaolk. 

S elriutrt ftiMlerate. Sat. iiL 68. S«i. ad Uieeart]uIi«u:.Tii.40<. 7 MitpplieaUHt. 
• Cic. on: iil 11. Brut. Hel v. c. 8. 5 »aeL Claud. i&. 8 Ck. Or. L SS. 


abont any thing, was called coxitia.^ When a part of the peo- 
ple only was assembled, it was called conciliom ; but these words 
were noi always distinguished.' 

In the Comitia, erery thing which came under the power of 
the people was transacted ; magistrates were elected, and laws 
passed y particularly concerning the declaration of war, and the 
making of peace. Persons guilty of certain crimes were also 
tried in the Comitia.' 'The Comitia were always summoned 
by some magistrate, who presiided in them, and directed every 
thing which came before them ; and he was then said, habxbb 
coMiTij. When he laid any thing before the people, he was 
said, AOBBB C0M popuLO.^ Ab the votes of all the people could 
not be taken together, they were divided into parta 

There were three kinds of Comitia : the Curiaia, instituted 
by Bomulus ; the CerUuriata^ instituted by Serrius TuUius, the 
sixth kinff of Rome ; and the Tributa^ said to have been first 
introduced by the tribunes of the people at the trial of Corio- 
lanns, A. U. S63. 

The Comitia Curiata and Centuriata could not be held with- 
out taking the auspices,' nor without the authority of the se- 
nate, but the Tributa might^ The days on which the Comitia 
could be held were called imcs comitialbs.' As in the senate, 
so in the Comitia, nothing could be done before the rising nor 
after the setting of the snn.^ 

The Comitia for creating magistrates were usually held in 
the Campus Martins; biit for making laws, and for holding 
trials, sometimes also in the forum, andsometimes in the capitoL 


In the Comitia Curiata, the people gave their votes, divided 
into thirty curiaB ;^ and what a majority of them, namely six- 
teen, determined, was said to be the order of the people. At 
first there were no other Comitia but the Curiata, and therefore 
every thing of importance was determined in them. 

The Comitia Curiata were held, first by the kings, and after- 
wards by the consuls and the other greater magistrates ; that is, 
they presided at them, and nothing could be brought before the 
people but by them. They met in a part of the forum called 
the coxiTiuM, where the pulpit or tribunal ^^ stood, whence the 
orators used to harangue the people. It was aftentards called 
BosniA, because it was adorned wiUi the beaks of the ships 

I • coaonda ^ eeii«> A ahi uspieato. 8 DIo. mtv. fln. pall a|Mid OnMOS a4 

■ado. t Dioaj. h. 41. 49. 9 iU dieia qaod ib *m- jabandam Tal T«Ua> 

t AaOalL ST. 97. Lir. 7 L e. quibos earn M* ran poblmram eara dam ^aod • rtpablisa 

▼'-99. paloageraUMbat,UT. eomaiuM •It, Fait. Tal oeawral mm. 

t Polyfe. rl. 19. ftl. 11. Ck. Q. Fr. 1. 2. potiaa a mvfa^ w. •>• 10 ABCOMteiB. 

« OaU. aiil 14. Maerabb Sat. 1. 19. oX^m, coatcataa po- 




taken from the Antiatot, and aUo Temphon^ because consecrated 
by the augurs ; which was its usual name before the Antiatee 
were subdued.^ The Comitium was first covered tlie year that 
Hannibal came into Italy.' Afterwards it was adorned with 
pillars, statues, and paintings 

Those citizens only had a riffht to vote at the Comitia Co- 
riata, who lived in the city, and were included in some curia or 
parish. The curia which voted first was called principiuh.' 

After the institution of the Comitia Centuriata and Tributa, 
the Comitia Curiata were more rarely assembled, and that only 
for passinj^ certain laws, and for the creation of the Curio Max> 
imus, and of the Flamines.^ Each curia seems to have chosen 
its own curio ; called also magister curiae.' 

A law made by the people divided into curiis was called lsx 
CURIATA. Of these, the chief we read of, were, 

1. The law by which military command " was conferred on 
magistrates.^ Without this, they were not allowed to meddle 
with military afiairs,^ to command an army, or carry on war ; ' 
but only had a civil power,^^ or the right of administering jus- 
tice. Hence the Comitia Curiata were said rem miliiarem con- 
tinere^^ and the people, to give sentence twioe,^ concerning 
their magistrates.^^ But in after times this law seems to have 
been passed only for form's sake, by the suffrage of the thirty 
lictors or Serjeants, who formerly used to summon the curiae, 
and attend on them at the Comitia.^^ 

3. The law about recalling Camillus from banishment^' 

3. That form of adoption called arrogalio^ was made at the 
Comitia Curiata, because no one could change his state or sacra 
without the order of the people.'^ 

4. Testaments were anciently made at these Comitia; and 
because in time of peace they were summoned ^ by a lictor 
twice a year for this purpose ; hence they were also called co- 
mitia CALATA, which name is likewise sometimes applied to the 
Comitia Centuriata, because they were assemblea by a CoT' 
nice/iy who was also called Classicus}^ 

5. What was called detestatio sacrorum, was also made here : 
as when it was denounced to an heir or legatee that he must 
adopt the sacred rites which followed the inheritance.^ Whence 
«in inheritance without this requisite is called by Plautus Atfrs- 
dita* sine sacris,^^ 

1 Liv. rVA, 14. «c 81. U. 9 Gb. Pkil. t. 16. Spi. TatofttatM, p«r tri|(lBla 19 qaort claaMasoaihila 
M< Fam. i. 9. liotom ntpidonm ad eomiutom Tveab*^ 

2 Ut. xxtiI. 38. 10 potestai. raoM adanbratis, cap. A. a«IL xw. K, Tair. 
I Ur. U. 88. 11 Uv. r. M. IS. L. h. iv. 16. 

4 lir. Mxrii. 8. A.Oell. 18 bU ■enteiitlam fern, IS hir. r. 46. SO CSe. Istgg. S. 9. 
XT. 87. V. binii comiUia iadi. 16 we p. 41 43. 81 Caativ. Iv. I. mm 

ft Pliat. AoL ii. 9, 3. eare. 17 Cie. Sext. Don. 15. sliqiud nbvenRrit siB* 

6 Ifflperiun. IS Cie. L^g. Agr.U.ll. &e. Suet Aug. 63. aliqna incummgda ap- 

7 Lit. Ix. 38. 14 Cie. ibid, popnli anf- Die. xxxtU. 5i. pcndka, FesU 

5 rem ailitaivai atlin* fraf iis, ad spectem at. 18 caUta, i. e. cooto' 
S,*tt, qae ad naurpatioiicai cala. 



The principal Gomitia were the Genturiata, called also majora} 
in which the people, divided into the Gentnries of their classes, 
gave their Toies ; and what a majority of centuries decreed ' 
was considered as finally determined.' These Comitia were 
held according to the censoi institoted by Seryios Tnllius. 

The CENSUS was a numbering of the people, with a valuation 
of tbeir fortunes.^ To ascertain the number of the people, and 
the fortunes of each individual, Servius ordained that all the 
Roman citizens, both in town and country, should upon oath 
take an estimate of their fortunes,' and publicly declare that 
estimate to him ; ' that they should also tell the place of their 
abode, the names of their wives and children, and their own 
age and that of their children, and the number of their slaves 
and freedmen : that if any did otherwise, their goods should be 
confiscated, and themselves scourged and sold for slaves, as per- 
sona who had deemed themselves unworthy of liberty.' He 
likewise appointed a festival, called paoanalia, to be held every 
year in each pagM or village, to their tutelary gods, at which 
time the peasants should every one pay into the hands of him 
who presided at the sacrifices a piece of money ; the men a 
piece of one kind, the women of another, and the diildren of a 
third sort® 

Then, according to the valuation of their estates, he divided 
all the citizens into six glasses, and each class into a certain 
number of centuries. The divisic^n by centuries, or hundreds, 
prevailed every where at Rome ; or rather by tens, from the 
number of fingers on both hands.* The infantry and cavalry, 
the cmriflB and tribes, were divided in this manner ; and so even 
the land : hence centevaritts aoer.^* At first a century con- 
tained a hundred ; but not so afterwards. Thus the number of 
m^n in the centuries of the'difiPerent classes was, without doubt^ 
very different. 

The first dass consisted of those whose estates in lands and 
effects were worth at least 100,000 astes, or pounds of brass ; or 
10,000 drachma according to the Greek way of computing; 
wldch sum is commonly reckoned equal to 32^^ 18«. 4d, of our 
money : bat if we suppose each pound of brass to contain 34 
asses, as was the case afterwards, it will, amount to 7, 7 SOL 

This first class was subdivided into eighty centuries or com- 
panies of foot, forty of young men,^^ that is, from seventeen to 
forty-six years of age,^ who were obliged to take the field,^ 

1 Qe. post red. la S«> 4 aBdoiatio, a««n;M)«K« aljudlcuacot, Cie. II Jnniarnia. 

Mt.S. 5 boiwnsjvraticMao <;kc. S4. 12 Cie. Sen. 17. A. 

2 qwMi plare* centaria rrat, i. «. astinarciil. 6 Dionr. iv. 61. Gdl. z. VS. 
JwiusMit. 6 apnd M prafilvrcntur. 9 Oy. P. iii. 128, &e. 13 at forU bella gera- 
S pre rata kabflMtor. 7 qai tiU liberUlMi )0 O*. ibU. & Feet. rani. 

68 ROMAIC ANTigvinxs. ' 

and forty of old men,^ who should guard the dty.' To then were 
added eighteen centuries of equites, who fought on horseback : 
in all ninety-eiffht oenturiesL 

The second daas consisted of twenty centuries ; ten of youngs 
men, and ten of old, whose estates were worth at least 75,000 
aises. To these were added two centuries of artificers,' carpen- 
ters, smiths, &C. to manage the engines of war. These liyy 
joins to the first class. It is hardly to be imagined that those 
artificers were composed of the members of either the first or 
the second class, but of their serrants or dependents ; for not 
only the mechanic arts, but likewise erery kind of trade was 
esteemed dishonourable among the ancient Romans. 

The third class was also divided into twenty centuries ; their 
estate was 50,000 asK9, 

The fourth class likewise contained twenty centuries ; their 
estate was S5,000 astes. To these Dionysius adds two centu- 
ries of trumpeters, vii. 59. 

The fifth class was diyided into thirty centuries ; their estate 
was 11,000 asses, but according to Dionysius, 13,500. Amonr 
these, according to Liry, were included the trumpeters, and 
cometera, or blowers of the horn, distributed into three centu- 
ries, whom Dionysius joins as two distinct centuries to the fourth 

The sixth class comprehended all those who either had no 
estates, or were not worth so much as those of the fifth daai. 
The number of them was so great as to exceed that of any of 
the other classes, yet they were reckoned but as one century. 

Thus the number of centuries in all the classes was, accord- 
ing to livy, 191 ; and according to Dionysius, 193. Some 
TaSko the number of Livy to amount to 194, by supposing that 
the trumpeters, &c were not included in the thirty centuries of 
the fifth class, but formed three distinct centuries by themselves. 

Each class had arms peculiar to itself, and a certain place in 
the army, according to the valuation of their fortunes. 

By this arrangement the chief power was vested in the rich- 
est citizens, who composed the first class, which, although least 
in number, consisted of more centuries than all the rest put to- 
gether ; but they likewise bore the charges of peace and war * 
in proportion.* For, as the votes at the Comitia, so likewise 
the quota of soldiers and taxes, depended on the number of cen- 
turies. Accordingly, the first class, which consisted of ninety- 
eight, or, according to Livy, of one hundred centuries, furnished 
more men and money to the public service, than all the rest of 
the state besides. But they had likewise the chief influence in 
the assemblies of the people by centuries. For the equites and 

1 tMloraa. pasato ancnt* 4 nanU piicis ct MB. 

8 ad itfbU coMndiM wt 9 ftbnu. 9 Liv. w fit. 


the eenturiflB of tbn clan were called first to gire their volei^ 
and if they were ananimoos, the matter was determined ; bol if 
not, then the centuries of the next class were called, and so on, 
till a majority of centnriea had voted the same thinj^. And it 
hardly ever happened that they came to the lowest' 

In after times some alteration was made, as is commonly sup- 
posed, in fiivour of the plebeians, by including the centuries in 
the tribes ; whence mention is often made of tribes in the Co- 
mitia Centuriata.' In consequence of which, it is probable that 
the number of centuries as well as of tribes was increased.' 
But when or how this was done is not sufficiently ascertained, 
only it appears to have taken place before the year of the 

Thoee of the first class were called glabsici, all the rest were 
said to be oiraA classbx. Hence cUutici auciores, for the most 
approved authors.^ 

Thoee of the lowest class who had no fortune at all were 
called CAHTB caiisi, rated by the head ; and those who had be- 
low a certain valuation, paoiATABii ; whence sermo protetariuB, 
for viiUf low.' This properly was not reckoned a class ; whence 
sometimes only five classes are mentioned. So quintcs classis 
vidaUur, of the lowest' 

This review of the people was made ' at the end of every Are 
years, first by Uie kings, dien by the consuls, but after the year 
31 Oy by the censors, who were magistrates created for that very 
purpose. We do uot find, however, that the census was always 
held at certain internals of time. Sometimes it was omitted 

After the census was finished, an expiatory or purifVingr sa- 
crifice '' was made, consisting of a sow, a sheep, and a Dull, 
which were carried round the whole assembly, and then slain ; 
and thus the people were said to be purified.^ Hence also bi§- 
trare signifies to go round, to survey ; and circumferre, to puri* 
fy.^ This sacrifice was called suovetauriua or souTAuaiLiA, 
and he who performed it was said condbrb lustrum. It was 
called iuatrum a Ivendo, i. e. solvent, because at that time all 
the taxes were paid by the farmers-general to the censors.'' 
And because this was done at the end of every fifth year, hencs 
m^TEUM is often put for the space of five yean ; especially by 
the poets, by whom it is sometimes confounded with the Greek 
Olympiad, which was only four years.'* It is also used for an) 
period of time.'^ 

1 Ut. L 4S.I>iaBT. vii. 8. 9 Cie. Areli. 5. 

M. • a«lL stL 10. PiMt. 10 ■acrifleion Iwtnla. 13 Var. L. L r. & 

S Ur, ▼. IS. Ck. Riill. Mil. a4or. UL 1. 1S7. 11 lastnri. H Hot. Od. IL 4. M. It. 

LS-FlMcn. 7 Lir.Vu.M.Cic.Aead. 18 Virg. Bel. %. 6i, 1. 6. Ov. Pmt. it. 0. ». 

". Qe. FkiL u. A iv. 23. Xn. rW. S31. x. Bl. M«rt. W. tf . 

«Iiiv.r. 18. 8e«iwulublUis,r. BO- Ploit. Aaph. «. %. 1» HIb. iL « 

» A. GalL vit. 18. &is. la* Ml. 144. Virf. Aa. vi. 

70 ROMAN AliTigUlTUM. 

The oensiii ancienUy was held in the forum, but afler the 
year of the city 380, in the villa publico^ which was a plac^ in 
the Campus Martius, fitted up for public uses ; for the reoeption 
of foreign ambassadors, &c.^ The puriiying sacrifice was al- 
ways made * in the Campus Martius.^ The census wa^ some- 
times held without the btstnim being peiformed.* 


Thb COMITIA CBNTDRiATA w^re held for creating magistratesy 
for passing laws, and for trials. 

In these Comitia were created the consuls, prastora^ censors, 
and sometimes a proconsul,' also the decemtnrif military tri- 
bunes, and one priest, namely, the rex sacrorwn. Almost all 
laws were passed in them which were proposed by the greater 
magistrates, and one kind of trial was held there, namdy, for 
high treason, or any crime against the state, which was call- 
ed JumciuM PBRDUBLLioNis ; 88 whou any one aimed at soto- 
reignty, which was called crimen regni, or had treated a dtisen 
as an enemy." War was also declared at these Comitia.' 


The Comitia Centuriata could be held only by the superior 
magistrates, i. a the consuls, the pnetor, and dictator, and ii»- 
terrex : but the last could only hold the Comitia for creating 
mitfistrates, and not for passing laws. 

The censors assembled the people by centuries ; but this as- 
sembly was not properly called Comitia, as it was not to vote 
about any thing. The praetors could not hold the Comitia if 
the consuls were present, without their permission ; but they 
night in their absence,^ especially the piaetor wbanus ; and, as 
in the instance last quoted, mthout the authority of the senate. 

The consuls held the €k>mitia for creating the consuls, and 
also for creating the prastors ; (for the prastors could not hold 
the Comitia for creating their successors,) and for creating the 
censors.' The consuls determined which of them should hold 
these Comitia, either by lot or by agreement ^° 

The Comitia for creating the first consuls were held by ths 
prasfect of the city, Spurius Lucretius, who was also int&rrex^ 

When a rex eacrorum was to be created, the Comitia are 
thought to hare been held by the pontifex maxitmu. But this 
is not quite certain. 

I LW. Iv.82. ns'tt. f. SS. 7 Llr.nn{.e,7.zlll.80. 10 Mrte vel ooufMaj 

Varr. Rut. 01. S. Lm. 4 LW. tit. S2. 8 Uv. xxrU. t, zlilUlS. Mrticbaitar vel com* 

n. 196. 5 Liv. xkT*. 19< slv. II. nnlMiit, Ltv. nnm 

t hnnuacMditiuneM. 6 LIr. tL «). Ok. Vrir. 9 Cie. Att. is. 9. lAr. llUT.ufiO Oionj.iv 

« Ur, k. 44. Dlonf . ir. *% ft. < <ilL & Cie. AU. Iv. 8. M. 


Hie venoD presiding in the Gomitia had so great infloenoe, 
that he is sometimes said to h^re himself created the magistrates 
who were elected.^ 

When, from contention between ihe patricians and plebeians, 
or between the magistrates, or from any other caose, the Go- 
mitia for electing magistrates could not be held in due time, 
and not before the end of the year, the patricians met and 
named ' an interrex out of their own number, who commanded 
onlj for five days ; ' and in the same manner different persons 
were always crMted erery five days^ till consuls were elected, 
who entei«d immediately on their office. The Gomitia were 
hardly ever held by the hrst interrex : sometimes by the second, 
sometimes by the third, and sometimes not till the eleventh. 
In the absence of the consuls, a dictator was sometimes created 
to hM. the Gomitia.^ 

The Gomitia Gentoriata were always held without the city, 
osually in the Gampns Martins: because andently the people 
went armed in martial order ' to hold these assemblies ; and it 
was nnlawfol for an army to be marshalled in the city.* Bat in • 
latter times, a body of soldiers only kept guard on Uie Janicu- 
Inm, where an imperial standard was erected,^ the taking down 
of whidi denoted the conclusion of the Gomitia.^ 

The Gomitia Genturiata were usually sssembled by an edict. 
It behoved them to be summoned ' at least seventeen days be- 
fore they were held, that the people might have time to weigh 
with themselves what they should determine at the Gomitia. 
This space of time was called TBurvKDivuif, or trivum miNDiNUM, 
i. e. tres mmdinm^ three market-days, because the people from 
the country came to Rome every ninth day to buy and sell their 
commodities.^'' Bat the Gomitia were not held on the market- 
days,^^ because Uiey were ranked among ihefirim or holy-days, 
on which no business could be done with the people.^' This, 
however, was not always observed.^ 

But the Gomitia for creating magistrates were sometimes sum- 
moned against the first lawful day.'* All those might be present 
at the Gomitia Genturiata who had the lull rij^ht of Roman citi- 
aens, whether they lived at Rome or in the country. 


Thosk who sought preferments were called cakdidati, from a 

1 Lir. i. 0S. a. t. iii. S mbsi^b. ^Mdi* eahbrata: b- plcba rutdca uncan. 

M. k. T. • Lir. uxix. 16. OcU. torandib ••ptrra di*- mr, lecl U^ thtwJd be 

S mub nAagio ponK xt. 87. bu oecapabuitar rori, calbd olf irea ttaair 

vaipinio fwdwtaHit 7 r«UhM poMtoia Dioa/. if. S8. vil. 98. ntdinMtj buinMs ol 

iCk. Do*. 14. Am. «ral. reliqvic Mitem rara bajing and Mlliac 

Ok. Uv. Ii. 91. S Oio. nsrO. 87, SB. eolcbant. Vur. Roit. Piln. xrML 3. 

4 Lir. w. 1.%. 11. ▼. 9 adiel r. indicL pimf. 11. IS Cie. Att. i. 14. 

31. tB. tl, «. Tfli. B. 10 Lir. Ui. as. naBdina ll irandiau. 14 in prinvm coailtiai 

ta.7.isr.2. ■ BmuM DMO fBO- 18 Microb. i. 10. M lamdltn,Li«. sxiv.7 


white robe' worn by them, which was rendered shining ' by 
the art of the fuller ; for all the wealthy Romana wore a gown 
naturally white.' This, howeTer, was anciently forbidd^ by 

The candidates did not wear tunics or waistcoats, either that 
they might appear more humble, or might more easily show the 
scars they had received on the breast or fore part of their body/ 

la the latter ages of the republic, no one could stand candi- 
date who was not present and did not declare himself within 
the legal days ; that is, before the Comitia were summoned,^ and 
whose name was not received by the magistrates: for they 
mig^t refuse to admit any one they pleasea/ but not without 
assigning a just cause.^ The opposition of the consuls, however, 
might be overruled by the senate.^ 

For a long time before the time of election, the candidates 
endeavoured to gain the favour of the people by every popular 
art ; ^ by going round their houses,^^ by shaking hands with 
those they met,^^ by addressing them in a kindly manner, and 
naming them, &c. ; on which account they commonly had along 
with them a monitor or nonsnclator, who whispered in their 
ears every body's nameJ^ Hence Cicero calls candidates naiio 
officiosissima.^^ On the market-days they used anciently to 
come into the assembly of the people, and take their station on 
a rising ground," whence they might be seen by all.^^ When 
they went down to the Campus Martius at certain times, they 
were attended by their friends and dependents, who were called 
DKDucTOBBs.^' They had likewise persons to divide money 
among the people.^ For this, although forbidden by law, was 
often done openly, and once against Caesar, even with the ap- 
probation of Cato.^' There were also persons to bargain with 
the people for their votes, called intbrpbbtss, and others in 
whose hands the money promised was deposited, called sEguBs-* 
TRBs.*** Sometimes the candidates formed combinations to dis- 
appoint^ the other competitors^. 

Those who opposed any candidate, were said ei refragari^ and 
those who favoured him, suffragari vel tuffragatcres esse : hence 
MuffragfUiOf their interest.^ Those who got one to be elected, 
were said ei prmturam gratia campestri c^pere^ or eum tron 
hereJ* Those who hindered one from being elected, were said 
a comtdatu repeUereJ^ 

% toga cndidm. Pam. xri. 18. 14 Pli. 23. S Gc AtU ii. 18. Lar. 

t c a n d M i T«l Candida. 7 nomea aecipm, ral 15 in eoUa eonaiala*. iU. S$. 

a tofaalba. ratioarm ajua habere. 1 6 Macrob. Sat. i. Ifi. SSLhr.x. 18. 

4 a* cai album, I. c. 6 Lhr. t. 8. 15. nir. 7, 17 Cie. da pat. coaa.gL S« Li*. t'iU 1. 

aratam, la TaatloMn- 8. Val. Max. iii. 8. 8. 18 diriaorea, Cie. Att S0 ihoaperrieitAppiBt. 

t«a addara, paUtleaia Vail. il. 9S. L 17. SneL Aug. 8. at, dajacto rabio» fr». 

eaoia liearat, Lin. iv. 9 Liv. iii. 21. 10 SiMt. Jul. \% tram traharaC, Ur. 

89. 10 Cie. Att. i. 1. W Ck. Act. Vanr. i. 8. xzxiz. 82. 

8adv«r80oorpOfa,Plut. 11 ambiando. IS. 80 Ck. Cat. i. 10. 

Corial. 12 praoaando. 81 coitlooaa dejioe- 

• SalL Cak 18. Cie. 13 Hor. Bp.i.«.9«,A«. nat. 




Wbbi a law was to be passed at the Gcmiitia Centuriata, the 
magistrate who was to propose it,' having consulted with his 
friends and otlier prudent men, whether It was for the advan- 
tage of the republic, and agreeable to the customs of their an- 
cestors, wrote it over at home ; and then, having commonicatod 
it to the senato, by their authority ' he promulgated it ; that is, 
he pasted it up in public,' for three market-days, that so the 
people might have an opportunity of reading and considering 
li.^ In tlM mean time he himself* and some eloauent friend, 
who was called auctor legis^ or svasor, every market-day read 
it ever,' and reoonimended it to the people,^ while othen who 
disapproved it, spoke against it" But in ancient times all 
these formalities were not observed : thus we find a law passed 
the day after it was proposed.' Sometimes the person who 
proposed the law, if he aid it by the authority of the senato, 
and not according to his own opinion, spoke against iO^ 

In the same manner, when one was to be tried for treason,^' 
it behoved the accusation to be published for the same space of 
time^'^ and the day. fixed when the trial was to be." In the 
mean time the person accused ^ changed his dress, laid aside 
every kind of ornament, let his hair and beard grow,'* and in 
this mean garb,^ went round and solicited the fevour of the 
people.'^ His nearest relations and friends also did the some.'" 
This kind of trial was generally capital, but not always so.*^ 


CHf the day of the Gomitia, be who was to preside at them,^ 
attended by one of the augurs,*' pitched a tent" without the 
dty to observe the omens.^ These Cicefo calls auousta crn- 
TDBiARUM AuspicxA.** Hottoe tho Campus Martius is said to be 
eonnUaribuM auspidis eonaeertUug, and the Gomitia tliemselves 
were called adspicata.** 

If the TABBRNACULuii, which perhaps was the same with ttm- 
phnm or arx, the place which they chose to make tlieir observa- 
tioos,^ had not been taken in due form^ whatever was done at 
the Comitia was reckoned of no effect^ Hence the usual d«- 

1 iatnnis r. ro^itanu. 
t n •««■(•• c4Mi*alto. 

5 |wbfie> r. in p«bUeo 
prttfMMMlMt: pronnt 

J«fa»L ^aa«i proriili;*' 
frt, F««f. 

« Ok. V*ir. v.fl9. 

6 ledkUtitr vel iiircii' 

6 racitalwt. 

7 MMwt. 

9 LiT.iv.M. 

10 Cic Att.i. 1*. 

11 cui diM Mfdncllt- 
eati dtctii cat, cam ae- 
tw peniucllwinia intaif 
debaknr, Cic. rrl eun 
•liqaia capttis r, -te 
■xiqiiirerelttr. Lit. 

It pnmttlgfttar ro^atlo 
d* HM* paraieU, Gic 

13 praiMtadir, quajndi. 

dttiB fnturua ait, Cic. 

14 mic. 

15 prunittabat. 

16 MitUdstoa. 

17 hovinca praniabat. 
16 i>iv. p.ia<iim. 

1» LiT. vl. 'M. x1!». 16. 
Gic. Doin. Si. aaa Lra 

90 qui lit prafuturVB 
81 atigar* adhibito. 

88 UbarnacaluD oepit. 
Zi ad auapicitt eaptaada, 

val ad auapjcandmii. 
»l Mil. 16, 
tf Cks. Cat. iv. 1. Uy. 

XZTt. 2. 

96 ad inaagaraadufn. 

Ut. I. 6. i. 7 18. 
87 parti* facte eaptarn 

at pro IrrilM Labcbalur, 

Lir. W. 7. 



claration of the augxin;* vitio tabbrnaculum captum; vitio 


DiBM DiCTAH.' And fo scTupulous wero the ancient Romans 
about this matter, that if the aiigursy at any time afterwardi^ 
upon recollection, declared that there had been any informality 
in taking the aiupiees,'* the magistrates were obliged to resign 
their office, (ns having been irregularly chosen/ even sevenl 
months after they had entered upon iL^ When there was no- 
thing wrong in the auspices, the magistrates were said to be 
SAL VIS AusFiciis creati,^ When the consul asked the augur to 
attend him,^ he said, g. fabi, tb mihi in auspicio bssb volo. The 
augur replied, audivi.^ 

There were two kinds of auspices which pertained to the Go- 
mitia Centuriata. The one was observing the appearances of 
the heavens,^ as lightning, thunder, &c. which was chiefly at- 
tended to. The other was the inspection of birds. Those birds 
which gave omens by flight, were called frxpbtbs ; by singing, 
osciNES ; hence the phrase, si avis occinuerit}^ When the omens 
were favourable, the birds were said aooicerb vel aomittbrb ; 
when unfavourable, aboicbrb, non ajddicbrb, vel rbfraoari. 

Omens were also taken from the feeding of chickens. The 
person who kept them was called pdilabius. If they came too 
slowly out of the cage,^^ or would not feed, it was a bad omen ;^ 
but if they fed greedily, so that something fell from their mouth, 
and struck the ground,^ it was hence caUed tripddiuh solisti- 
Mvu^ and was reckoned an excellent omen.'' 

When the augur declared that the auspices were unexcep- 
tionable,'' that is, that there was nothing to hinder the Gomitia 
from being held, he said silemtium esse vidbtur ; but if not, he 
said ALIO DIE,'' on which account the Gomitia could not be held 
that day.'^ 

This declaration of the augur was called nuntiatio, or obtumr 
tiatio. Hence Cicero says of the augurs, nos nuntiatiokem so- 

TioNEM, V. tnspectionem ; '' but the contrary seems to be asserted 
by Festus,'*' and commentators are not agreed how they should 
be reooncUed. It is supposed there should be a diflerent read- 
ing in both passages.^ 

Any other magistrate of equal or greater authority than he 
who presided, might likewise take the auspices ; especially if 

1 aasumn Mleniis 6 Cio. Phil. 11. 81 ftrirat. iL IS. 

proauaeUtfo. 7 in wupiokuB adhilM- 14 aaaci tcrrlpirlsB 18 thus, Puirlo legan 

S Gle. ft Lit. poHiin. kat. tvI t«rri|nidioa, Cie. lereaU tnttm omaa 

I vttium obvrniwc, 8 Cic Dir. U. 84. Dir. U. ^. WnU Pnlt. d&em diffidit, i. «. ran 

Ck. b ocpleio ntiun 9 •rrrum dfl ecslo ▼•! Ur. z. 40. Plin. k. 81. in diaai poflteran 

Mn«, LiT. 4NBliua. •.'<!. Jiowc eoMit,LWJfa(, 

otpota vIOmI t. vitio 10 Lit. tL 41. s. 40. 15 mu^Im MrtgiuB » Cio. Pi^ li. 8K. 

Mn«, LiT. 4NBliua. •.'». Jiowc eoMit,LWJfa(.38i 

. otpota vtOMl T. Titio 10 Lit. tL 41. s. 40. 15 mu^Im MrtgiuB » Cio. Pi^ li. 8K. 
•rttti. U as caTci. t«I optiaiam, nU. 80 ia Toee Speoiio. 

f Ut. ftad. Cis. VaL 18 Ut. Ti. 41. 18 omai vitio euvra. 81 Vid. Abr. In Ckw 

S. A. 13 tamm pavirat, L a. 17 Cie. Dir. U. 94. Lag. Scaiig. la WnU 


he wished to hinder an election, or preveDt a law from heing 
petMd. If each magistrate therefore declared, sb ok ciu.0 §■»• 
TAS6B, that he had heard thunder, or leen lightning, he was said 
oiMUAYiAmx,' which he did by saying alio dim : whereupon by 
the Lex JEUa ei Futia^ the Comitia were broken off,' and de- 
ferred to another day. Hence obmmtiare concUio aut eomUiif^ 
to prerent, to adjourn ; and this happened, eren though be said 
that he had seen what he did not see,' because he was thought 
to hare bound the people by a religious obligation, which must 
be expiated by their calamity or his own.* Hence in the edict 
whereoy the Comitia were summoned, this formula was com- 
monly used, VB guis moiob magistratus db coclo sbbyassb vbut : 
which prohibition Clodius, in his law against Cicero, extended 
to all the magistrates.' 

The Comitia were also stopped, if any pexson, while they 
were holding, was seised with tne falling sickness or epilepsy, 
which was hence called mobbus cohitiaus ; or if a tribune of the 
commons interceded by the solemn word tbto,' or any magi- 
strate of equal authority with him who presided, intorpmed, by 
wasting the day in speaking, or by appointing holy-days, && 
and also if the standard was pulled down from the Janiculum, as 
in the trial of Rabirius, by Metollus the prstor.' 

Th« Comitia were also broken off by a tempest arising ; but 
so, that the election of those magistrates who were already cre- 
ated, was not rendered invalid," unless when the Comitia were 
for creating censors. 


Wbbb there was no obstruction to the Comitia, on the day 
appointed, the people met in the Campus Martins. The magi- 
strate who was to jHreside, sitting in his curule chair on a tribu- 
nal,' used to utter a set form of prayer before he addressed the 
people," the augur repeating over the words before him." 
Then he made a speech to the people about what was to be done 
at the Comitia. 

If magistrates were to be chosen, the names of the candidates 
were read over. But anciently the people might choose whom 
they pleased, whether present or absent, although they had not 
declared themselves candidates.^ 

If a law was to be passed, it was recited by a herald, while a 
secretary dictated it to him,^' and different persons were allowed 
to speak for and against it.^* A similar form was observed at 

1 «B<«r ngwi, c«Mal •■•M. 8 at Un crwtl aon t{* 11 wgan tuIm ot«» 
roRsali •biwitUvifti, 4 Gin. nUL il S3. iUmi nddarmtur, LIr. aate, Cle. 

aL MBtiwIi, Cir. PbiL » Oiok EuviiL 13. xL 5fe. G «. Di v. H. 18. IS Lir. patilau 

li.33. CUr. Ti.tfw 9 pro iriboiuJi, Lir. 13 Mbjieboto •»&■. 

3 AriMteMw. 7 Cle. Fnl. Vu 6. DIo. xxxau e. II Ur.sUU. 

2 <k ««t*)cb emcatitiw bixtU. V lU lir. uxu. 15. 



trials, because application was made to the people about the 
pun isbment of any one, in the same manner as about a law, 
Hence vrogare pcenamy vel mulctam, to inflict or impose. 

The usual beginning of all applications to the people,^ w*^ 
vRLi Tis, JUBEATiB, QUIRITB8, and tuus the pooplo were said to be 
<'o nsulted« or asked,* and the consuls to consult or ask them.' 
Hence jtider6 legem yel rogaiionem, aiso dbcbrnkkb, to puss it ; 
vetare, to reject it ; rogare magistraius, to create or elect ; * ro^ 
gore quasitoreHf to appoint judges or inquisitcw^' Then the 
magistrate said, si vobis vidbtur, discbdite^ quibitbs ; or its in 


V08 JUBBTB.*^ Whereupon the people, who, as usual, stood pro- 
miscuously, separated erery one to his own tribe and oentory.' 
Hence the magistrate was said, mittere popuban in atffragittm ; 
and the people, inire Tel ire in tuffragium^ 

Anciently the centuries were called to give their votes accord- 
ing to the institaUon of Servius Tullius ; first the equites, and 
then the centuries of the fint class, &c. ; but afterwards it was 
determined by lot * in what order they should vote. When this 
was first done is uncertain. The names of the centuries were 
thrown into a box,^" and then, the box being shaken, so that the 
lots might He equally/^ the century which came out first gave 
its vote first, and hence was called prarooativa. Those centu- 
ries which followed next^ were called primo vocata. The rest« 
JVRE voGATJi." But all the centories are usually called jure Vfj- 
ccU<B^ except the prarogativa. Its vote was held of the greatest 
importance.^' Hence pr£R0gativa is put for a sign or ~ 
a favourable omen or intimation of any thing future ; ^* and 
for a precedent or example, a choice, or favour,^^ and among 
later writers for a peculiar or exclusive privilege. 

When tribes are mentioned in the Comitia Centurikta,'^ it it 
supposed that after the centuries were included in the tribes, the 
tribes first cast lots ; and that the tribe which first came out was 
called prjirogativa TRmns ; and then that the centuries of that 
tribe cast lots which should be the prarogativa centuria. Others 
think that in this case the names of tribes and centuries are put 
promiscuously the one for the other. But Cicero calls ctntwia^ 
pare tribus ; and that which is remarkable, in the Comitia Tri- 

Anciently the citizens gave their votes by word of mouth ; 

1 OBaiwn mgiUoima. regmate. i. e. prwiV at sortlrntar, Lir. 14 anppllcatio «•!»»• 

i eouuli Tol roxari. dtnte, datut est. Id. nr. S. rogatfra lriampkl,Uic 

a Go. ft Llr. pavsiin. Mar.]. 11 ■nitibutvqutn. FuB.vr. $. 

4 Sail. Jng. 40. 29. 9 Lir. xnl.7. U LIt. t. 18.x. IS. SI. 15 Act Vnr. S. PHa. 

A lb. 40. ■» iaata ^t v*- 7 Am. Cie. Com. Balb. nvit. 6. vS. 16. xnrfi. 9i. ■. 4«. 

tita p^puli in Jnbrndis 8 Cie. 8c. Lir. paMin. 13 at nemo nnqunm Lir. iiL Al. xxt. S. 

V. aciarendb lagilma, 9 aortitio firbal. prior »an tnlarit, auin kxrii'. S. 

Or. L.*Rii. IL 4. gni' 18 in aitcUam ; titalk mranciatat ait. C ir., i6 liv.x. IS. 

bat, tc Silaao et Hii- defrrtor, Cie H. D. L Plane. SO. Div. II. 40. 17 Planr. ^ 

renn, eonaulatu, ■• 38. hilclla iillkta eat, Jlvr 18. Liv. sxvi. dL 


and in creatio^ uiAgbtraiea, they seem to have each used this 
form, GON8ULE8, &C. NOMiNO vel oico; in passing laws, uti v,oqa9, 
YOLO Tel JUBBo.^ The will or oommana of the people was ex« 
pressed by tbllk, an^ that of the senate by ckhskrk ; hence 
iegeg magiMtrahuque rooarb, to make.* 

Sometimes a person nominated to be consul, &c. by the pra»- 
rogatiTe century, declined accepting,' or the magistrate presid- 
ing disapprored of their choice, and made a speech to make 
them alter it. Whereupon the century was recalled by a herald 
to give its vote anew,^ and the rest usually voted the same war 
with iL^ In the same manner, after a bill was rejected by al- 
most all the centuries, on a subsequent day,' we find it unnni- 
roously enacted ; aa about declaring war on Philip, ab hag oba- 


But in later times, that the people might have more liberty 
in voting, it was ordained by various laws which were called 
LBOBB TABBLLABiiB, that they should vote by ballot ; first in con- 
ferring honours^ by the Gabinian law, made K U. 614, two 
years after, at all trials except for treason, by the Caasian law ; 
in passing laws, by the Papirian law, A. U. 633; and lastly by 
the Cceliau law, A. U. 630 ; also in trials for treason, which had 
been excepted by the Cassian law. The purpose of these laws 
was to diminish the influence of the nobility.^ 

Tile centuries being called by a herald in their order, moved 
from the place where they stood, and went each of them into an 
endoeure,' which was a place surroundcfd with boards,^^ and 
near the tribunal of the consuL Hence they were said to be 
iniro vocata, sc. in ovile,^^ There was a narrow passage to it 
raised from the ground, called pons or ponticulus, by which 
each century went up one after another.^ Hence old men at 
sixty " were said dk pontb dbjici ; and were called depomtani, 
because after that age they were exempted ftrom public busi- 
nesst^* to which Cicero alludes. Rose. Am. 35. But a very dif- 
fetcnt cause is assigned for this phrase both by Varro and Festus. 

There were pTo£u>ly as many pontes and septa^ or ovilia^ as 
tliere were tribes and centuries. Hence Cicero usually speak: 
of them in the plural^* Some think that each tribe and century 
voted in its own ovite^^ but this does not seem consistent with 
what we read in other authors. 

At the entrance of the pom, each citizen received from cer- 

1 Ut. x«iT. 8, 9. Cie. caatiuia tfaw varh- rat. Inp-tvB facit. pontrt 

Lace. S. la tioa* alk dlMranl, 11 Ur. x. 13. d^fif^it. Her. I. IS. ciia 

S SailJmg. SI. Ut. L Lit. xzIt. 8. 9. 18 Smt. Jul. 80. Clodun in vjU irru- 

17. a altori* cAinUik. 18 MugeaarU. w«»t. Mil. 15. m, ml- 

8 Ur. T. 18. mt! SS. 7 Ur, xni. 8. 14 V»rr. fc Feat. ■«« iu4eularit •»iU* 

« in aaStaKlaai revoea- 8 Ob. An. 11. PHn. 15 thai, ponlca lax Ma- Roma, LuOi Pban. ih 

U; tk«a, icdita in aof' Kb. iU. 88. Ck. Brat, ria fceit angnatoa, Cir. 197. 

tragwBi.LiT.lbid. irfTs:. Legg. IH.16. lag*, ui. 17. op«rc 18 Sctt. Vlrg Bell. 

» aadorttataai pn>rog»> Plaae. 8. Clodtana pentca oecu- 84. 

tiT« aac«tK Muit ; •«■• ■eptom rel orile. parunt, Att. i. 14. Cw- 

daa» comvin oetrrar 10 lacas Ubulaiis fawla. plo euro Ininis Tiil* 

u 3 


lain officerSy called diribitorbb, or dittriMttores, ballots,^ on 
which, if magistrates were to be created, were inscribed the 
iiamei of the candidates^ not the whole names, but only the 
initial letters ;' and they seem to have received as many tablets 
as there were candidates. We read of other tables being given 
in than were distribated, which must have been brought from 
home ;' but as no regard was paid to them, this seldom happen- 
ed. The same thing took place also under the eraperora, when 
the right of electing magistrates was transferred from the people 
to the senate.* 

If a law was to be paused, or any thing to be ordered, as in a 
trial, or in declaring war, && they received two tablets ; on tlie 
one were the letters u. r. i. e. cti rooas, sc v(do vel jubeo, I 
am for the law ; and on the other, a. for antiquo, L e. aniiqva 
probo^ nihil novi statui volo^ I like the old way, I am against 
the law. Hence arUiquare legem, to reject it 

Of these tablets every one threw which he pleased into a 
che>t ' at the entrance of the ovile, which was pointed out to 
them by tbe rooatorbs, who asked for the ballots, and andently 
for the votes, when they were given viva voce.^ 'Ihen certain 
persons called custodbs, who observed that no fraud should be 
committed io casting lots and voting/ took out ^ the ballots, and 
counted the votes by points marked on a tablet, which was 
called DiRiMBRB tuffragia, or niREMpno 'Suffragiorum\* whence 
omne punctum ferre, tor omnibm n^ragiie remtnciariy to gain 
everv vote ; and what pleased the majority was declared by a 
herald to be the vote of that century. " The person who told to 
the consul the vote of his century '" was calied rooator.^^ Thus 
all the centuries were called one after another, till a majority of 
t:enturies agreed in the same opinion ; and what they judged 
was held to be ratified 

The diribitores, rogatores, and custodes, were commonly 
persons of the tirst rank, and friends to the candidates, or fa- 
vourers of the law to be passed, who undertook these offices vo- 
luntarily.^ Augustus is supposed to have selected 900 of the 
equestrian order to be custoaes or rogatores.^ 

If the points of any century were equal, its vote was not de- 
clared, but was reckoned as nothing, except in trials, where the 
century which had not condemned, was supposed to have ac- 
quitted. The candidate who had most votes was immediately 
called by the magistrate who presided; and after a solemn 
prayer, and taking an oath, was declared to be elected ^* by a 

1 tubulf vrl talalljD. Nat. O- 11. 4. mf«T<t, et fjnt tuflVa- IS Cie. Pit 1^ pMl 

t Cic. Dom. 4i. 7 in ■oittiii>iM tt tuf- finni rvtullt; mi eon. rwL ia Sen. 11. 

5 SuAt. Jul. 80. fra^its. ■■!«• a osttturk lua 13 ad matodiMMba c<«. 
4 Pud. Kp. Iv. ii. 8 vducehanl. ereatoi rrnanciarft, taa aaSra^iornni. Pian. 
Sindtiam. 9 Lne. t. tfUS. rstulil. ixxtiu&a. 7. 

6 Ck. D'lT. i. !7. U. 35. 10 «]ttl cannrMin mum II Cic. ib. Or iL 0t. II reounculua »al 


lienild.^ llien he was conducted home by his friends ami de- 
pendents with great pomp. 

It was esteemed very honourable to be named first' Those 
who were elected consuls usually crowned the image of their 
ancestors with laureL' 

When one eained the vote of a century, he was said firrt 
eadwriam^ and non ftrrt vel perdere, to lose it ; so Jerre repul' 
samy to be rejected ; but farre ntffragnan Tel tabeilam, to Tote.^ 

llie magistrates created at the Comitia Genturiata were said, 
^ieri^ crearij declarari, nononari, did, remmciari, dengnafi, to- 
gf/ariy && In creating magistrates this addition used to be made 
to denote the fulness of their right : ut gui optima lbqb pubrint, 


When a law was parsed, it was said pbrfbrri ; the centuries 
which Toted for it^ were said lbobm jubb&b, v. booationbm acci- 
pbbr ; ' those who TOted against it, antiquarb, tbtabb, t. non 
ACdpBBB. hex BOOATDR, duoiferiur ; abbogatur, dum toUitur ; 
dsbooatitb Ugi^ t. de lege, cum per novam legem aliquid veteri 
legi detrdkUwr ; bubrooatub, cvm dHqidd adjicitur ; OBRoeATUR, 
cttm nova lege ttifirmaturJ' Ubi dum comtrarim leges sunt, sem- 
per aniimuB obrogat nova, the new bw iuTalidates the old.^ 

Two dauses commonly used to be added to all laws : — 1. si 




Cicero calls tbanslatitium, in the law of Clodius against him- 
self, because it was transferred from ancient laws,'** 

This sanction used also to be annexed, hb quis pbr satubam 
ABBOGATO." Henco exqwrere sententias per saturam, i. e. pas- 
sim^ sine certo ordine, by the gross or lump." In many laws 
this sanction was added, qui alitbb rel secus faxit v. itbcbrit, 
SACBB BSTO I 1. e, ut cuput sjus, cum bonis vel familia, alicm (2e- 
arttm consecraretw v. sacrum esset : that it might be lawful to 
kill the transgressor with impunity.^ 

When a law was passed, it was engraved on brass and carried 
to the treasury. It used also to be hxed up in public, in a place 
where it might be easily read.*^ Hence, m capUoUo legum ara 
liquefacta, nee verba mmacia fixo mre legebantur, Jixit leges 
pretio atque r^fixit, made and unmade." 

Afler the year of the city 598, when the consuls first began to 
enter on their office on the first day of January, the Comitia for 

t Gic. Lege. Man. 1. Gie. Roll. S. t. 10 0«. A tt. f(i. S3. 14 naik d« piano. I. e. 

Mur. 1. Roll. ii. Si 9 P««tas h optima In, Hi. e. Mr lagmn ia fron th« grouad, Ugi 

VclLiLSSL Cie. Roll. i. 11. Phil. •«• conjunetim maUic potMt. ! 

S Cie. L«M. Xuu 1. %u IS. LIr. U. 3» dc reb«MUM roeatioa* 1& Cie. Cat. Hi. 8. Ov. 

t Cie. Mnr. 41. 6 Li*, ii. 57. iil. :». 63. popolu confulvbatur, »t.i. 3. Vir«. /fcu. ri. 

4 thus, new cewt^ A alibi pactim. Feat. VtL Qie. Phil. xUi. 4, 

MM UbH]«n Tinfionn 7 Uip. ft Kaat l» N^IL Jus. 9). Fam. xiL 1. 

ucita libnrtatia, tad SLir.ia. 31. 18 ».H. iu.M.CIr 

1r>cl,Bl Ttvaai tiilWtla 9 caput. H<<llj. 14. 



their election were held aboat the end of July, or the begin nin|^ 
of August, unless they were delayed by the intercession of the 
magistrates, or by inauspicious omens. In the time of the first 
Punic war, the consuls entered on their cflioe on the Ides of 
March, and were created in January or February.^ The prw- 
tors were always elected after the consuls, sometimes on the 
same day, or the day after, or at the distance of sereral days.' 
From the time of their election till they entered on their olfic» 
they were called dbsiqnati. 

The Gomitia for enacting laws or for triab, might be held on 
any legal day. « 


With ngtti to tha nupoM of 
Ik* StrTiu eonttitauoM to ia* 
part an equJ thara la th« con* 
■alar govemownt to the pUbel* 
ana, ererj on* ia at liborty to 
think aa ha likea : that it grant* 
cd them tha right of taking part 
in alactJona and ia legialation, b 
nniTcraalljr aeknowlt^ed. 

Senrina (aa for th« aaka of 
bravitf I will call tha lawgirar 
in aeeonUnoawitk tha writrra of 
antiquity) would kara taken tha 
•implaat method of baatowing 
theaa rights if he had adopted 
the Mnie plain whrrehf the com* 
none in feudal atatet obtained a 
atation alongtide of the barona, 
and had ordained that all nation* 
a I concema ahoold be brought 
bath before the council of the 
barghera and that of the com- 
monaltf , and that the decree of 
the one ahould not have (uroa 
without the apBroval of the 
•ther, and ahouM be made null 
by ita rajectien. Ihia waa the 
rnotinc on which the plebeian 
tribaa In aftertimea atood in rela- 
tion to the eariea : but if theae 
two bodiea had been eel up orer 
a|(ainat each other froan tlic be> 
rinniiig, they would bare rent 
tae atate aaunder ; to aoeompliah 
the perfiect union of which tha 
eenturiea were deTlaad by Ser* 
riua. For in them he collected 
the patriciaiia and their elienla 
t'igetherwith the plebviana; and 
•Jong with all theM that new 
elaaa of their fellow-citiacn* 
which had ariaen from beatow- 
ing tha Roman franehlae on the 
Inkabilanta of other towne. the 
municipala: to that nooodj 
could in any way le^k upou kirn- 
eelf aa a Roman, without having 
aome place or otker, though in* 
deed it might often be a T»ry in* 
aignificant nne, in tbia great aa* 
aembiT. Th» prepond«vance, nay 
the whole power in that aaaem* 
biy Ujr with the pleba : tkUkow* 
ever excited no ul will, htrauae 

no one waa excluded ; and pio* 
Tokcd no oppnaition. bccauae it 
did not decide by itaelf^ but atwid 
on an mjalpolae witk the oeriea. 
Thia Inatitution of the oentn* 
riea haa thrown that of the tribea 
cooipletelr Into the ahade; and 
through the former alone haa the 
name of king Scrviua mainta'n* 
cd ita renown toourdaya. More* 
over, it haa long and nnireraally 
bern held to be a aettled point, 
that thta ia underatood with more 
certainty and accuracy than anv 
other part of the Reman conati* 
tntion; beenute it la deaeribed 
by Diifn^raiua and Liry, and that 
deacriptton ia couched in num- 
bers: apd only a very few, who 
aaw more clearly, have venture<l 
to pmnouDce, tlut at all events 
tliMe repreeentatioui were not 
anitad to the tiflM* of which we 
have a oonteaporary hiatery. 
At preaent thia m tha iMdn la no 
longer contaeted; and, a far 
more authentic record having 
come to ligkt, the errora eoauMtn 
to the two hbtoriana, and thoie 

Cculiar to e uc h, may be aatia- 
storily pointed out. They 
cannot either of them have been 
M^Q^ted with the aceoont con- 
tained in the commentariea 
which wen aacribed to the king 
kim»e!C but have written from 
very different and very defective 
reporta: aa to Cioero, the only 
reaaon that Inditpniea ua to b^ 
lieve hie having drawn imme- 
diately from the antbentie tource, 
ia, thai erudition of thia aort waa 
not in his way ; elAe hia atale* 
menta arc exceedingly accurate 
and trwttworthy. Ilie mi*takea 
of the two kiatoriana need not 
aorpriae ua; for dw^ were not 
apeaking of an inatitution atill 
existing, nor even of one that 
had been recently changed, but 
of what had long aince paased 
away. Livy aaya expreaaly, 
tkat it bad neching in common 
with the conatitation of the oea* 
turies in hia days: and thia* 
moreover, ia the very reaaon 

why he deacrlbea St, aa he dorv 
the andent taotka, in hia mc 
count of the Latin wai. Various 
other atatementa too muat have 
been current, containing atill 
greater diacrepaodea; for Pliny 
tokae 110,000 aaaea to be the li- 
mit for the property of the firac 
claaa, OeUina tUJMi, amaAen 
which can neithei be regarded 
aa blundera in the nanuacriptk, 
nor aa alipa in the writers. 

In one point both the histo- 
riana are miatakeu: coafiaind- 
ing the burghera with the com- 
monalty, thev imagine that a 
people, in which till then perfect 
union and equality had prevailed, 
waa now divided into elaaacs 
aocording to property, in aneh ■ 
manner that all the potrer fell 
into the banda of the rich, 
though incumbered with no 
alight burdena. Oioovaiua adds 
another error to thia. In looking 
upon the eighteen eqecatriaa 
centariea, which h:.d the ftral 
rank ia tke eouatttntion of }<er- 
vins, aa a timocratioal iaatila- 

The principle of an ariatoeracf 
Is to maintain a perfect equality 
within ito own body. The poor 
est and obwnrest >t»Ht» of Ve- 
nice, into whoae fasnily no ofBce 
of dignity bad come lor oantu- 
riea, waa eatcemed in the ereat 
council aa tke aoual of taoaa 
wboM wealth ana name eiieir» 
oled then with aplendour. A 
government formed like tke Ro- 
man by a lar^ body of kensea Is 
a complete democracy witkia it* 
■elf, Jtut as much so aa that of a 
cantua where the population is 
net mof« numeroua: an ailaio- 
craey it ia aolely ia iu relation 
to the commonalty. Thia waa 
miaundcratood by Dienysinsand 
I4vy; no ohaage waa made by 
Srrviua in thia equality of tke 
andent bargli<-ra: hia timocracv 
only afbcied thoee who stood 
entirely witkout the pale of that 
body, or tboee who at the utmost 
were attached to it, but far from 

1 Liv. paaalm. 
S Liv. X. a. 

$ The alMve reuiarka, 
tending in some mea- 

■ure to correct the er- 
rors into which Dr 
Adam, in common with 
other wntcri nn Ro- 

man antiquities bad 
fallen, are extracted 
fmni the History of 
Rome, by Nicbnkr, the 

brat work kitherta 
imbliahed on tke early 
history of Italy aad 
lione.— Kd. 



Ill the Comitia Tributa the people Toted dirided into tribes, ac- 
cording to their zeiriomi or wards.' 

The name of tribei was derired either from their original 
number^ three,' or from paying tribute,' or, at others think, 
from r(<rrv$^, tertia pars trtbus apud Athenienaes, JEolice r^tv 
w;, wide TBiBus. 

The first three tribes were called aiinmisn or Ramnes, ta- 
TiRNsn or Titwue9y and lucbrbs. The first tribe was named 
fcom Bomulns, and included the Roman citizens who occupied 
the Palatine hill; the second from Titus Tatius, and included 
the Sabine9» who ponessed the Capitoline hill ; and the third 
from one Lucumo a Tuscan, or raUier from the grove * which 
Komoliis turned into a sanctuary,^ and included all foreigners 
except the Sabines. £ach of these tribes had at first iti own 
tribune or commander,* and its own augur. 

Ta»|uinios Friscus doubled the number of tribes, retaining 
the same names ; so that they were called Ramneiues primi and 
Ramnenset secundiy or posteriores, &c.^ 

But as the Luceres in a short time greatly exceeded the rest 
in number, Servius TuUius introduced a new arrangement, and 
dietribnted the citizens into tribes^ not aooording to their ex- 
traction, but from their local situation. He dirided the city 
into four regions or wards, called PALATniA, svBimRAiiA, collina, 
and BsouiLiiVA, the inhabitants of which constituted as many 
tribes, and had their names from the wards which they inhabit- 
ed. No one was permitted to reniore from one ward to another, 
that the tribes might not be confounded.' On which account 
certain persons were appointed to take an account where erery 
one dwelty also of their age, fortune, &c These were called 
city tribes,' and their number always remained the same. Ser- 

fnttkmg la liia mv« cqaatt- SwtIm, nt of Om principal dreMl, thoagh pntt«ihr Indl- 
(y "MD ta tba sUto, m he My* ; be vidaftb ■BUMi( then aisht h«|H 

Ike eix^ eqanlriM_e«Btwiei ongbt to have Hid in the eon* pen^te be exeeediagly poor. 


htto hieeeaiUa,eBd raeeived t>ie ef Ihem have been edmiltrd intu gian'nc wee eMcnliallf eeaneei* 

■«■• o( the lis raffregta ; to the twelve eentariee. Diomyeiue ed with greet wwtlih, end yet 

illifed hf L. Tarqaialaa aooelty : for the petricteae were The |prevaleat opiiiion, thai 

iaeorMrated bf Serviai In the eU tuffrmf u, aor eaa aay the eqoeetrUa raak fron the be* 

ieeea i ti e .aad raeeived t>ie of Ihem have beea adaitltrd iatu ciaa'ac wae eeecaliallr eonneet* 

that tbaaaceaipflaad all the p^ therrfei* aheald hare eooflned that all the kaiihta were far 

tridaaa; mmmg when it eaaaot himaeU to tt««e tweire centa- aiahed with horaea by the alatau 

oe ea u e el re d that la Ihle eonati* rtea, wliea he eoncnred that t)te aad had a yearly reat aaalKaad 

tatiao, aay aare thaa la the kaighta wer^ ehoaen by Senriua for thrtr hraping, aot enir 

earUer, there exiated aay dia- aut nf the richeat and moat illaa- ehargea the Romaa lawa wita 

4lActloa adapted to the aoale of trbaa faaiUiea ; whkh aoti a he abaardity aad i^)naiiee^ bat aleo 

their pfoparty. Llrj, thoagh )w axtrada to all the eighteea: far orerlooka Livf'a espr«sa re- 

ferfBt tiiat the als eaatariaa had the patrieiaaa, who aa^aeetloa- nark, whieh ftiliowa doee apea 

b(«a iaatitatad by Tarqaialaa, ably aa a bodr werr the rieheat h(e aeeoaat of the adrantajfoe 

mikaa a perlactly correct dt«* aa wvll ■* tne leadiog axtn In enjoyed hy ih« knighta. that all 

tiactioa hetweea then aad the the aute, bad all of lliem placea the»(> bardena were ahifled frvai 

twelve which were added by in the aia auAnigia by birth Mud t>ie poor upon the rcb. 

1 «■ reeinibaa et laels 3 a IribHto, Li'r. L O. .f n. riii. MS. 7 Liv. a. «. i. »■. 
A.a*lLn,Tn, 4 a liiro. 6 tiibnnaa ▼»< pr4>Frc- 8 Di •• y. Ir, J .. 

2 a aoBPre l<nu,r\.*. b atylute retalit, Virg. laa, » iribti, 


Tiu8 at the same time dmded the Roman territory into fifteen 
parts (some say sixteen, and some seventeen), which were called 
country tribes.^ 

In the year of the city S58, the number of tribes was made 
twenty-one, Li v. ii. 31. Here, tor the first time, Livy directly 
takes notice of the number of tribes, although he alindes to the 
criginal institution of three tribes^ ac 6. ]>ionysiu8 says, that 
Servius instituted thirty-one tribes. But in the trial of Corio- 
lanus, he only mentions twenty-one as haying Toted.' 

llie number of tribes was afterwards increased on account of 
the addition of new citizens at diflerent times, to thirty-five, 
which number continued to the end of the republic' 

After the admission of the Italian states to the freedom of the 
city, eight or ten new tribes are said to have been added, but 
this was of short continuance ; for they were all soon distributed 
among the thirty-five old tribes. 

For a considerable time, according to the institution of Ser- 
vitts TttUius, a tribe was nothing else but the inhabitants of a 
certain region or quarter in the city or country : but afterwards 
this was altered ; and tribes came to be reckoned parts not of 
the city or countey, but of the state.^ Then every one leaving 
the city tribes, wished to be ranked among the rustic tribes. 
This was occasioned chiefly by the fondness of the ancient Bo- 
maos for a country life, and from the power of the censors, who 
could institute new tribes, and distribute the citiiens^ both old 
and new, into whatever tribes they pleased, without regard to 
the place of their h{ibitation. But on this subject ivriters are 
not agreed. In the year 449, Q. Fabius separated the meaner 
sort of people from all the tribes through which they had been 
dispersed by Appius Claudius, and included them in the four 
city tribes.* Among these were ranked all those whose fortunes 
were below a certain valuation, called prolbtarii; ond those 
who had no fortune at all, capitk gbnsi." From this time, and 
perhaps before, the four city tribes began to be esteemed less 
honourable than the thirty-one rustic tribes ; and some of the 
latter seem to have been thought more honourable than others. 
Hence when the censors judged it proper to degrade a citizen, 
they removed him from a more honourable to a less honourable 
tribe ; ' and whoever convicted any one of bribery, upon trial, 
obtained by law as a reward, if he chose, the tribe of the person 

The rustic tribes had their names from some place ; as, tri- 
bus Aniensis, Arniensis, Cluvia, Crustumina, Failerina, Lemo- 
nia, MoBcia, Pomptina, Quirina, Romllia, Scaptia, &c. : or from 

1 tribunitlk«,Otony 3 Lit. vt. 5. vii. 15. Lir. t. 43. eOcIl.sri. IOl 

Iv. IS. riil. 17. i%. 9im s. 9. 1 non MrbU, ted cIriU* 7 triba rhovmikiiI. 

t Ibid. vii. 64, Um mm- Eoit. kU. Liv. uiii. tis. C^c. Balb. 2S. PIm. 

bw or Ll«r. vUL 04. 13. Ak. Cic Vcrr. i. 9. 5 Lif . is. 40. xwa. B. 


tome noble family ; as, Aimilia, Claudia, Claentia, Cornelia, 
Fabia, Horatia, Jalia^ Minucia, Fapiria, 9wf^ Terentina, Ve- 
turia, &C. 

iMmetiDies the name of one's tribe is added to the name of a 
peiBon, as a surname ; thus, JL Albius Sex. b\ Quirina, M. Op* 
pins, JH. F. Terentina.^ 

The Comitia Tributa hegsok first to be held two years after 
the creation of the tribunes of the people, A. U. 363, at the 
trial of Coriolanus.' But they were mom frequently assembled 
after the year 382, when the Publilian law was passed, that the 
plebeian nuii^slrates should be created at the Comitia Tribute.' 

The Comitia Tributa were held to create maipstrates, to elect 
certain priests^ to make laws, and to hold trials. 

At the Comitia Tributa were created all the inferior city ma- 
gistrates, as the sediles, both curule and plebeian, the tribunes 
of tho commons, quaestors, &r« ; all the provincial magistrates, 
as the proconsuls, propraetors, &c. also commissioners for set- 
tling colonies, &r. ; the pontiftx maxitmiSy and after the year 
650, the cnhw pont{fice9, augtares, ficiales, &c. by the Domitian 
law.^ For before that» the inferior priests were all chosen by 
their respective coUeges.^ But at the election of the pontiftx 
maximua, and the oUier priests, what was singular, only seven- 
teen tribes were chosen by lot to vote, and a majority of them, 
namely nine^ determined the matter.' 

The laws passed at these Comitia were called plkbiscita,' 
which at fifst only bound the plebeians, but after the year 306, 
the whole Roman people.^ 

PUhitcUa were made about various things ; as about making 
peaoe^ about granting the freedom of the city, about ordering a 
triumph when it was refused by the senate, about bestowing 
command on generals on the day of their triumph, about ab- 
solving firom uie laws, which in later times the senate aisumed 
as its prerogative.' 

There were no capital trials at the Comitia Tributa ; these 
were held only at the Centuriata : but about imposing a fine.^^ 
And if any one accused of a capital crime did not appear on 
the day of trial, the Tributa Comitia were sufficient to decree 
banishment against him.*^ 

All those might vote at the Comitia Tributa who had the full 
right of Roman citizens, whether they dwelt at Rome or not. 
For every one was ranked in some tribe, in which he had a 
right to vote.*' 8ome had two tribes ; one in which they were 
bwn, and another either by right of adoption, as Augustus had 

1 Ck. Qviat. ab ha. tabantar. B Lir. Hi. 50. en* Mivit plaht, Uv. 

Tfii. S. Att. Ir. M. « Ck. K«U. tL 7. 9 Lit. xuiii. 10. lit. 88. xxvl. S. ur 4. 

SOMmr. riLM. 7 awt pMs •«> raTra. xxrL XI. Ak. Cie. MUr. xlv.lB. 

3 liv.lLM. gip riM nilribas Jaa- Cor. ft c. 

4 Soat. Mar. S. ait, plabno aMfl^atB Id Lir. iv. 41. 

• A aoUagfia tnte ca*ap* rpgaala, Kait. 11 id «i Jvftvn •\\\\nm 



the Fabian and Scaptian tribes/ or as a reward for aocuiingr 
oue of bribery.' 

At the Comitia Tributa the votes of all the citizens were of 
equal force, and therefore the patricians hardly ever attended 
them. On Which account, as some think, they axe said to have 
been entirely excluded from them.' But about this writers are 
not agreed. 

The Comitia for creating tribunes and plebeian sediles, were 
held by one of the tribunes to whom that charge was given, 
either by lot or by the consent of his colleagues ;^ but for creat- 
ing curiile asdiles and other inferior magistrates, by the consul, 
dictator, or military tribunes ; for electing priests, by the consul 

The Comitia Tributa for passing laws and for trials, were held 
by the consuls^ prstors, or tribunes of the commons. Wheu 
Uie consul was to hold them, he by his edict summoned the 
whole Koman people ; but the tribunes summoned only the ple- 
beians.^ Hence they are sometimes called Comitia pqpuli, and 
sometimes concilium plebU: in the one, the phrase yftaapapubts 
jussit ; in the other, plebs sciviL But this distinction is not 
always observed. 

The Comitia Tributa for electing magistrates were Ubually 
held in the Campus Martius,^ but for passing laws and for triak 
commonly in the forum ; sometimes in the Capitol, and some- 
times in the circus Flaminius, anciently <^led prata Flaminia, 
or circus ApoUinaris^ where also Q. Furius, the pontifex maxi- 
mus, held the Comitia for electing the tribunes of the commons, 
after the expulsion of the liecemviri.^ In the forum there were 
separate places for each tribe marked out with ropes.' 

in the Campus Martius, Cicero proposed building, in Cassar^M 
name, marble enclosures ^^ for holding the Comitia Tributa.^* 
which work was prevented by various causes, and at last entirely 
dropped upon the breaking out of the civil wars ; but it was 
afterwards executed by Agrippa.^ 

The same formalities almost were observed in summoning 
and holding the Comitia Tributa as in the other Comitia, only 
it was not requisite for them to have the authority of the senate^ 
or that the auspices should be taken. But if there had been 
thunder or lightning,^ they could not be held that day. For it 
was a constant rule from the beginning of the republic, jovb 
FULOKNTB CUM POPULO Aoi NBKAs BS8K. ComiHoTum solum vUiurn 

The Comitia Tributa for electing magistrates, after the year 

I Swt An;. 4A. 6 Ck. Brat 5. 21. Ui. 63 51. kvK 40. 

8 l*g(i 6m ambits prie- 6 Qril. vr. 17. 9 Oioiiy. vU. M. 1 > li tooouaat aat fal- 

mlo. CVs. Balb. 2». 7 Ck. Alt. i. 1. Vr. 3. 10 wpta maraorca. gnrasMt. 

8 Ltr. U. M. «l«. Kp. Vam. tiu SO. II Gic AH. It. 10. 14 Ok. Vat 8. OIt. EL 

i liv. iii. 01. R Lir. uxili. If. uti'i. 18 Dto. liii. 90. Plu. V6. 


5^, were held about the end of July or tlie be^i^inning of Au- 
gust; for elect! n|r prieits, when there wu a vacancy, and for 
laws and trials, on all oomitial days. 

Jalitts Catar first abridged the liberty of the Gomitia. He 
shared the rif^ht of creating magistrates with the people ; so 
that, except the competitors for the consulship, whose choice he 
solely determined himself, the people chose one half, and he 
nominated ^ the other, lliis he did by billets dispersed through 
the several tribes to this effect, casar dictator illi tribui. Com- 


TBM TBTBAirr.* Augustus restored this manner of election after 
it had been dropp^ for some time, during the dvil wan which 
followed Cassar's death.' 

Tiberius deprived the people altogether of the right of elec- 
tion, and assuming the nomination of the consuls to himself, he 
pretended to refer the choice of the other magistrates to the sr- 
natOy but in fiict determined the whole according to his own 
pleasure.* Caligula attempted to restore the right of voting to 
the people, but without any permanent effect' The Comitia, 
however, were still for form's sake retained. And the magi- 
strates, whether nominated by the senate or the prince, appeared 
in the Campus Martins, attended by their friends and connec- 
tions, and were aopointed to their office by the people with the 
usual solemnities." 

But the method of appointing magistrates under the emperors 
seems to be involved in uncertainty,^ as indeed Tacitus himself 
acknowledges, particularly with respect to the oousuls.* Some- 
times, especially under good emperors, the same freedom of 
canvassing was allowed, and the same arts practised to insure 
success^ as under the republic' Trajan restrained the infamous 
largesses of candidates by a law against bribery ;^' and by or- 
cbdning that no one should be admitted to sue for an office, who 
had not a third part of his fortune in land, which greatly raised 
the value of estates in Italy." When the right of creating magi- 
strates was transferred to the senate, it at first appointed them 
by open votes,'* but the noise and disorder which this sometimes 
occasioned, made the senate in the time of Trajan adopt the 
method of balloting, which also was found to be attended with 
inconveniences, which Pliny says the emperor alone could 
remedy.'' Augustus followed the mode of Jmius Ciesar at the 
Comitia, although Mccsnas, whose counsel he chiefly followed, 
advised him to take this power altogether from the people." As 
often as he attended at the election of magistrates, he went round 

1 tUbA M.DIo.G««.l*iH.a. IQ. Tm. Abo. I. U. 11 Id. ri. 19. 

S Swt. Cm. 41. ft Sm«. C«l. 16. Hiat. 1. 77. IS aperlls saflVvgllt. 

S Sm«. Aac, M. DIo. 6 Plia. Pm. o3. 8 Ann. I. 81. 18 ad UiiU nOrrarift 

lili.n. 7 SmC Cm. 40. TV. 80. • 9.rUl. dKurrera, Plia. ho. 

« ivw. X. 77. Ot. FbbI. Aog. 40. »6. N«r. Vi. ti. Hi. W. it. U. 

IT. 9. 67. Tac. Au. i. Vlt. II. Vw] . 5. Dimd. 10 aabilai Irg*. 14 Dio. I'lii 21. lii. 30. 



the tribes^ with the candidates whom he recommended,^ and 
solicited the votes of the people in the usual manner. He him- 
self gave his vote in his own tribe, as any other citisen.* 



Rome was at first nfoverned by kings : but Tarquin the 7th king 
being expelled for his tyranny, A. U, 24A, the regal govern- 
ment was abolished, and two supreme magistrates were annually 
created in place of a king, called consuls. In dangerous con- 
junctures, a DICTATOR was created with absolute authority ; and 
when there was a vacancy of magistrates, an interrex was ap- 
pointed to elect new ones. 

In the year of the city 301, or according to others, 303, in 
place of cousuls, ten men ^ were chosen to draw up a body of 
laws.* But their power lasted only two years ; and the consular 
government was again restored. 

As the consuls were at first chosen only from the patricians, 
and the plebeians wished to partake of that dignity ; after great 
contests it was at last determined, A. U. 310, that^ instewi of 
consuls, six supreme magistrates should be annually created, 
three from the patricians, and three from the plebeians^ who 
were called military tribunes.' There were not^ however, 
always six tribunes chosen; sometimes only three, sometimes 
four, and sometimes even eiffht.' Nor was one half always 
chosen from the patriciani^ and another half from the plebeians. 
They were, on the contrary, usually all patricians, seldom Che 
contrary.' For upwards of seventy years, sometimes consuls 
were created, and sometimes military tribunes, as the influence 
of the patricians or plebeians was superior, or the public exi- 
gencies required ; till at last the plebeians prevailed A. U. 367, 
that one of the consuls should be chosen from their order, and 
afterwards that both consuls might be plebeians ; which, how- 
ever, was rarely the case, but the contrary. From this time the 
supreme power remained in the hands of the consuls till the 
usurpation of Sylla, A. U. 673, who, having vanquished the 
party of Marius, assumed to himself absolute authority, under 
the title of dictator, an office which had been disused above 120 
years. But Sylla having voluntarily resigned his power in less 
than three years, the consular authority was aeain restored, and 
continued till Julius Caesar, having defeated Pompey at the 

1 eaai tttb etndidatu. 3 dManviri, lir. QI. 33. ■dktipotacUte.DUmf. SI. 80. 44. t. I. 
t ttt anu c popoia, 4 ad tecM KnbMHUs. si. W> 7 Uv« !▼• S9. 44. 9tL v. 

Smt Aog. M. » tribunl nUituoi con- 6 XJt. It. 6. 1«. 8S. 4S. IS, 13. 18. vi. 80. 


battifo of Phanali% and having subdued the rest of his oppo- 
nentSy in imitation of Sylla, caused himself to be created per> 
petuai dictator, and opprened the liberty of his country, A. U. 
706. After this^ the consular authority was nerer again com- 
pletely restored. It was indeed attempted, after the murder of 
Caesar in the senate>hou8e on the Ides of March, A. U. 710, by 
Brutus and Caasius and the other conspirators ; but M. Anto- 
niua^ who desired to rule in Caesar's room, prevented it. And 
Hirtins and Fansa^ the consols of the following vear, being slain 
at Mntina, Octavius, who was afterwards called Augustus, An- 
tony, and Lepidos shared between them the provinces of the 
repabtic^ and exercised absolute power under the tide of triuh> 
viRi reipMica corutituenda* 

The combination between Fompey, Cesar, and Craans, com- 
monly called the first triumvirate, which was formed by the 
contrivance of Csesar, in the consulship of Metellua and Afra> 
nius, A. U. 693,^ is iustly reckoned the original cause of this 
revolation, and of all the calamities attending it. For the Ro- 
mans, by submitting to their usurped authority, showed that 
they were prepared for servitude. It is the spirit of a nation 
alone which can preserve liberty. When that is sunk by gene- 
ral coemption of morals, laws are but feeble restraints against 
the ODcroacfaments of power. Julius Csesar would never have 
attempted what he effected, if he had not perceived the character 
of the Roman people to be favourable to nis designs. 

Alier the overthrow of Brutus and Caasitfs at the battle of 
Philim»i, A. U. 712, Augustus, on a slight pretext deprived 
Lepidus of his command, and having vanquished Antony in a 
sea-fight at Actium, became sole master of the Roman empire, 
A. U. 733, and ruled it for many years under tlie title of prwcb 
or KKPBRoa.' 'ilie liberty of Rome was now entirely extin- 
guished; and although Augustus endeavoured to establish a 
civil monardiy, the government perpetually tended to a military 
despotism, equally fiital to the characters and happiness of prince 
and peopk^ 

In the beginning of the republic, the consuls seem to have 
been the only stateid magistrates ; but as they, being engaged 
almost in con^ual wars, could not properly attend to civil 
al&iis, various other magistrates were appointed at different 
times, praetors, censors, aediles, tribunes of the commons, &c.' 
Under the emperors various new magistrates were instituted. 


A MAoisTRATB IS a porsou invested with public authority.* The 

1 V«U. Vat. iii 44. Hor. tar. jnMit, Cie. Legfu iii. attten est, onl plus 

Od. U. t. a liir. ir. 4. ]. dicitnr tucistrBtat aliU potest, Fe>C 

S prlMe}* ▼*! iapcn" 4 MafitUatiu Mt qui a iii«|(Mtr«. MagUlv 



office of a magistrate in the Roman republic was diflerent from 
what it is among as. Ibe Romans had not the same discrinii* 
nation betwixt public employments that we haye. The same 
person might regulate the police of the city, and direct tlie 
ofiairs of the empire, propose laws, and execute them, act as a 
judge or a priest, and command an amiy.^ The ciyil authority 
. 't' a magblrate was called magUtratuM or poteHof, his judicative 
[M)wer jtarMietio, and his military command imperiunu An- 
i:iently all magistrates who had the command of an army were 
called pR.i^TORBs.* 

Maoistratus either signifies a magistrate, as magistratui jus' 
sit; or a magistracy, as Titio maguSratut daius est.* So, potcs- 
TAs, as habere potestatem, gerere potesiates, esse in ▼. cum poteM- 
tate, to bear an office ; Gadiormn esse potestas, to be magistrate 
of (iabii.* Maoistratus was properly a citU magistrate or ma- 

Sistracy in the city ; and potsstas in the provinces.^ But this 
istinction is not always observed.^ 

When a magistrate was uiTosted with military command by 
tlie people, for the people only could do iL he was said esse in 
V. cum itnperio, in justo t. summo imperia/ So, magistratus tt 
imperia capere^ to enjoy offices dvil and military.^ But we 
find esse in imperio, simply for ease consuUm ; ^ and all those 
magistrates were said fuwere trnperium^ who held great autho- 
rity and power ,^" as the dictaton^ consuls, and praetors. Uenoe 
they were said to do any thing pro imperio ; ^^ whereas the 
inferior magistrates, the tribunes of the commons, the aediles, 
and quasstors, were said esse sine imperio, and to act only pro 
potestateJ^ Sometimes potestas and imperium are joined, thus 
togatus in republica cum potestate imperioque versatu* est,^ 


Thr Roman magistrates were variously di%ided ; into ordinary 
and extraordinary, greater and less, curule and not cunile ; also 
patrician and plebeian, city and provincial magistrates. 

The MAOISTRATUS ORoiNARii Were those who were created at 

tated times, and were consiantly in the republic ; the bxtraor- 

iNARii not so. 

Lit. z. S9. et alibi 5 mkaictimtiu, rvl ila, la lupst'stibiis pn^ 8 Suet. Ok*. 7S. 
IMtila. qui ui )>Mr»uto aliqaa ttitit, L t. naqo* ema Lit. ir. 1. 

8 rel qaod CKtcrot unt, at pnU proe-io- ezercitai prvMivt et 10 qui et ootrerre «l» 

pTKireat, val qaod aliU cat, r«t pnater, r«l ju» belli garandi haba- qacia poaaaat, «t ja- 

pnaMMot, Aao. Cic. alii qat praTladu re> rat« anina cum Bunt- bere iiic*.earen dan, 

8 Friu gu»t t'lp. ra eirllu In aiba gere- PkuU I. 8. ff. da ia j« • 

4 Jar. X. 09. Jarladlo- 6 ^all. Jug. AIL rrt, Suet. Caa. M. a*. Tucahdo. 

tioufm taataaa la arbe 7 rnai iai|i«rie eaia dl« atina cubi iinpario, mU II Lit. li. 36, to which 

del«>p(ari magislntilma citur, cut noa-inatim iiur^ romauuid; ant Tervnca ailadea, P^br. 

•ollum, ciiaai pei |iro rst a populo ia«arta- niaKiatraiu, clrll aa. i. 4. 19. 

vtncba, potMUtiba* t<.m imperium, IFnt. thoritjr, trodcnta oao- lli Ut. {{. 56. iv. tfi. 

detnaadaTit, .Suet, ih <^, .btliiiriidaffl De- av«m, quia Rhodiun IJ Ck. PhiU ;. 7. 

Claud. U. qitr in imprriia neque oiT'^rterel, Tib. IS. 


The MAOitTBATus MAJORBi weTO thoM who had wbat were 
caUed the greater auspioes.^ Tlie magutraius major es ordmarit 
were the cuiMuJsy pr«tor% and oensort, who were created at the 
Gomitia Centiiriata : the extraordinarii were the dictator, the 
master of the horse,' tlie interrex, the prefect of the city, && 

The KAeisTRATus mikorbs okdxkabji were the tribunes of the 
commons, the lediles, and ^uaistors ; bxtaaoroinarii, the pre- 
fectuf annona, duumviri navales^ &c. 

The MAGisTBATDS coauLRs were those who had the right of 
using the seiia cunUis or chair of state, namely, the dictator, the 
oottsuls, pneton^ censon, and curule lediies All the rost, who 
had not that right were caUed nok cuamjis.^ The sella curulis 
was anciently made of ivory, or at least adorned with ivory ; 
henoe Horace calls it curuie tbur.* The magistrates sat on it in 
their tribunal, on all solemn occasions. 

In the beginning of the republic, the magistrates were chosen 
only irom the patricians, but in process of time also from the 
plebeians, except the interrex alone.^ The plebeian magistrates 
were the aediles and tribunes of the commons. 

Anciently there was no certain age fixed for enjoying the 
different olfices.^ A law was first made for this purpose ' by L. 
Villius (or L. Julius), a tribune of the commons, A. y. 573, 
whence his family got the surname of ahvales, although there 
seems to have been some regulation about that matter formerly.^ 
What was the year fixed for enjoying each office is not fully as- 
certained.' It is certain that the prietorship used to be enjoyed 
two years after the SBdileship, and that the 43d was the year 
&iLed for the consulship.^*' If we are to judge from Cicero, who 
frequently boasts that be had enjoyed every office in its proper 
year,^ the years appointed for the diAerent offices by the iex 
VUlia were, for tlie qusstorship thirty-one, for the aedileship 
thirty-seven, for the prietorship forty, and for the consulship 
forty-three. But even under the republic popular citizens were 
fineed from these restrictions,^ and the emperors granted that 
indulgence ^ to whomsoever they pleased, or the senate to gra 
tify them. The lex annalis, however, was still observed.^^ 

It was ordained by the law of Romulus, that no one should 
enter on any office, unless the birds should give favourable 
omens.^' And by the cornblian law, made by Sulla, A. U. 673, 
thai a certain order should be observed in obtaining prefer- 
ments; that no one should be praetor before being quaestor, uor 

1 mm aiaorftu nacto nUa trat, ninim qaan 6 Gk. Phil. t. 17. 

lau aMMt, OriLmBi. eondilenal, GelL ili. T In aniwUi. 18 ibkL 

15. 18. 8 liT.xl. 4S.zxr. S. IS widm nmittetMnt. 

■A^tor nntaa. 4 Ep. L 6. 53. 9 w* p. S. 14 Pl:ii. Kp. vii. 16 iii. 

caralas aagbtntas 5 qiMin at ipaom p«lri* 10 C'lC Fam. s. 85. 80. Oio. llii. W. 

apfeliatl ■■at, qaU cioa mm, ct a pairi- Phii. v. 17. 15 nisi «▼«■ •ddix'iieni 

cam TdwbaatnrtFaL ciU pr(>di iMC«s«e vrat, 11 m tuo quanqut ma- tvI wiinwbsent, lAf, 

is Bao earn Mlla oi- Ck. Uoui. \L cUtratum anoo «••- L 36. 



consul before beinfj^ praetor ; nor should enjoy the same office 
within ten years, nor two different offices in the same year.* 
But these regulations also were not stritAiy observed. 

All magistrates were obliged, vrithin five days after entering 
on their office^ to swear tliat they would observe the laws ;* and 
after the expiration of their office, they might be brought to a 
trial if they had done any thing amids.^ 


RoMB was at first governed by kings, not of absolute power nor 
hereditary y but limited and elective, lliey had no legislative 
authority, and could neither make war nor peace without the 
concurrence of the senate and people.* 

The kings of Home were also priests, and had the chief di- 
rection of sacred things, as among the Greeks.' 

The badges of the kings were the irabea, i. e. a white robe 
adorned with stripes of purple, or the toga pnetexta, a white 
robe fringed with purple, a golden crown, an ivory sceptre, the 
sella cumlis, and twelve lictors, with the fasces and secttres, t e. 
carryin(( each of them a bundle of rods, with an axe stuck in 
the middle of thenu 

The badges of the Roman magistrates were borrowed from 
the Tuscans.' According to Pliny, Komulus used only the fro- 
beeu llie toga prtetexta was introduced by TuUus Hostilius, 
and also the latus clavus^ after he had conquered the Tuscans.' 

The regal government subsisted at Home for 343 years under 
seven kings, Romulus, Numa Pompilius, Tullus Hoitilios, 
Ancus Marcius, h, Tarquinius Priscus, Servius Tullius, and L. 
Tarquinius surnanied superbus from his behaviour ; all of whom, 
except the last^ so reigned, that they are justly thought to have 
laid the foundations of the Roman greatness.^ Tarquin, being 
universally detested for his tyranny and cruelty, was expelleu 
the city with his wife and family, • on account of the violence 
olferea by his son Sextus to Lucretia, a noble lady the wife of 
Collatiiius. This revolution was brought about chiefly by means 
of L. Junius Brutus. The haughtiness and cruelty of Tarquin 
inspired the Romans with the greatest aversion to regal govern- 
ment, which they retained ever afterwards. Hence regie fa» 
cercy to act tyrannically, regit spiritus^ regia superbiOy &c 

The next in rank to the king was the tribumus, or prafbctus 
cELBBiTM. who Commanded the horse under the king, as after- 
wards the magister equitum did under the dictator. 

I A p. B«U. Uv. i. n. S Llv.sxxTfi. ttT.SnaC. JEiu iO. 80. Cie. Dir. p. 880. 

41&LiT.vii.4«.xuit. Jui.8i. U 4U. 7 Pila. is. 

7. Clc. PhiU sU S. 4 Uiony. il 13. Sail. ( lAr. I. 8. Flor. I. 9. Tlii. ;8. «. 

t III legea jurarv. Inv. CaUci Sail. Cat. M. ftji. 6 Uv. il. I. 

axsi. 5. b Dii/njr. ii. 14. Vlrg. Dioaf . iii. 61. Mrab. ~ 

Tlii. ;8. «. 7 1. 

comuLf. 91 

'WImh there wn a vacancy in the throne,' which happened 
for a whole year after the death of Romuliw, on account of a 
itipute betwixt the Romans and Sabines, about the choice of a 
successor to him, the senators shared the ^vemment amonj^f 
themselves. They appointed one of their number who should 
have the chief direction of affairs, with the title of intkrrex, 
and all the ensigns of royal dignity, for the space of five days; 
after him another, and then another, till a king was created.* 

Afterwards under the republic, an interrex was created to 
hold the elections when there was no consul or dictator, which 
happened either by their sudden death, or when the tribunes 
of the commons hindered the elections by their intercession.' 




Aptkr tlie expulsion of the kings, A. U. V44, two supreme ma- 
gistrates were annually created with equal authority ; that they 
might restrain one another, and not become insolent by the 
length of their command.* 

llipy were anciently called peatorbs, also impbratorbs, or 
JuoiCES,' afterwards consitlbs, either from their consulting for 
tlie good of the state/ or from consulting the senate ' and peo- 
ple,^ or from their acting as judges.' From their possessing 
supreme command the Greeks calted them'TTIATOI. If one 
of the consuls died, another was substituted ^^ in his room for 
the rest of the year ; but he could not hold the (Jomitia for 
electing new consuls.^' 

The insignia t>f the consuls were the same with those of the 
kings, except the crown ; namely, the toga pretextaj sella cu- 
rulis, the sceptre or ivory staff,*' and twelve lictors with the 
foMXS and secures. 

Within the city the lictors went before only one of the con- 
suls, and that commonly for a month alternately.'' A public 
servant^ called accensus, went before the other consul, and the 
lictors followed; which custom, after it had been long disused, 
Julius Caesar restored in his first consulship. He who war 
el4est, or had most children, or who was first elected, or had 
most softrages, had the fasces first ^* According to Dionysius,'^ 
the lictors at first went before both consuls, and were restricted 

1 ialtrrvgmiB. Sail. Cat. 8. Van. L. tarn, Cie. L«n. til. 8. IS sefpio otaracnt. 

1 lir. 1. 1? Dlo«y. B.I7. L. r. 7. 8 V»rr. L. L. W. 14. IS muulhu ■Ibrrni*, 

S I^. m. 53. Tl. 85. earripabikscoimkn- 9 B}udk«niio,Qa{ti 1.9. Uy.H. 1 

4 Cfe. wwt r«d. 8m. 4. do, Ck. Fm. 10. Fkir. 10 nbrogatut vel aof 11 Supt. Ju]. 80. Orll. 

Kalr.VTg. * 9 (•ctu«e»t. ii. 15. l/i«- ix 8. 

i iiv. til. 55. Fcst. 7 a eonsatendo ■*!»- 11 Lir. ili. 18. li iib v. i. 


to one of them by the law of Valeriiw Poplicola. We read in 
Livy, of 84 lictora attending the oonsuls/ bat this must be qq- 
derstood without the city. 


As the consuls at first had almost the same badges with tlie 
kings, so they had nearly the same power.' But Valerius, 
called poPLicoLAy' took away the 9ecuris from the fasces* i. e. 
he took from the consuls the power of life and death, and only 
left them the right of scourging, at least within the city; for 
without the city, when invested with military command, they 
still retained the securis, i. e. the right of punishing capitally.' 
^ When the consuls commanded different armies, each of them 
/had the fasces and secures ; but when they both commanded the 
same army, they commonly had them for a day alternately.^ 

Poplicola likewise made a law, granting to erery one the 
liberty of appealing from the consuls to the people ; and that no 
magistrate should be permitted to punish a Roman citizen who 
thus appealed; which law was afterwards once and aeain re- 
newed, and always by persons of the Valerian family. But this 
privilege was also enjoyed under the kings.^ 

Popuoola likewise ordained, that when the consuls came into 
an assembly of the people, the lictors should lower tXie fasces in 
token of respect, and also that whoever usurped an office with- 
out the consent of the people might be slain witli impunity.'* 
But the power of the consuls was chiefly diminished by the 
creation of the tribunes of the commons, who had a right to 
give a negative to all their proceedings." Still, however, the 
power of the consuls was very great^ and the consulship was 
considered as the summit of all popular preferment,^" 

The consuls were at the head of the whole republic.^^ All 
the other luagihtrates were subject to them, except the tribunes 
of the commons. They assembled the people and the senate, 
laid before them what they pleased, and executed their decrees. 
The laws which they proposed and got passed, were commonly 
sailed by their name. They received all letters from the go- 
vernors of provinces, and from foreign kings and states, and 
^ve audience to ambassadors. The year was named after them, 
V it used to be at Athens from one of the Archons.^ Thus, M. 
liilUo Cicerone et L. Antonio consuUbus, marked the 690th 
year of Rome. Hence numerare muUos consules, for aimos^^ 
Bis jam pens tibi consul trigesimtts instat, you are near sixty 

I H W* 6 Dioar. ▼. 19. 99. Llr. L ». t'iU. 85. 10 koiiatvn poMl 

S LiT. tt. 1. niv. 9. 8 LIr. iL 7. Dhnf. » Gw. PUncs-tt. 

3 • popolo oolendo. 6 Hllcrnis imMnUbaBt, 19. 11 Cle. Mv. VS. 

4 sacuiim fiucbaf ad«> Liv. szli. 41. 9 omntbas actU lain- 18 ( ie. F«t. V. 
wU' 7 liv. ii. 8. tti &ft. X. 9. eetUre. \3 Sen. Ep. 4. 



yean old.^ And the conauls were said aperire amtum^ faito»' 
/lie reserare^ 

He who had most suffrages was called consul prior, and his 
name was marked first in the calendar.^ He had also thefasceg 
finty snd usually presided at the election of magistrates for the 
next year. 

Erery body went out of the way, nncovcred their heads, din- 
mounted from horseback, or rose up to the consuls as they pass- 
ed by.^ If any one foiled to do so, and the consul took notice 
of it» he was said to order the lictor animadybrtbrb.' Acilius 
the consul ordered the curule chair of Luculius the prietor to be 
broken in pieces^ when he was administering justice, because 
he had not risen up to him when passing by.' When a prstot 
happened to meet a consul, his lictors always lowered their 

In the time of war the consols possessed supreme command. 
They levied soldiers, and provided what was necessary for their 
support They appointed the military tribunes, or tribunes of 
the legions, (in part ; for part was created by the people,)* the 
centurions, and other officers.' 

The consuls had command over the proYinces,^^ and could, 
when authoriseed by the senate, call persons from thence to 
Rome,^^ and punish them." lliey were of so great authority, 
that kings, and foreign nations, in alliance wiui the republic, 
were considered to be under their protection.*^ 

In dangerous conjunctures tlie C4)nsuls were armed with abso- 
lute power by the solemn decree of the senate, vr yidbrbnt, rel 
OARB9T opbbam, &&** In Ruy sudden tumult or sedition, the 
consuls called the citiaens to arms in this form : gui rbmpublicam 


Under the emperors the power of the consuls was reduced to 
a mere shadow ; their office then only was to consult the se- 
nate, and lay before them the ordinances'* of the emperors, to 
appoint tutors, to manumit slaves^ to let the public taxes, which 
had formerly belonged to the censors, to exhibit certain pub- 
lic games and shows, which they also sometimes did under the 
republic," to mark the year by their name, &c. They retained, 
however, the badges of the ancient consuls, and even greater 
external pomp. For they wore the toaa picta or palmata, and 
had their fatce* wreathed with laurel, which used formerly to 
be done only by those who triumphedi They also added the 
cecum to theftuces. 

1 XwtbL U Mw I. 6 Dto. suvL 10. 31, 11 R«inui erocara, exp w* n. 18. 

C Plin. Pka. M 7 Dionj. vHi, U. ciro, ▼. aecin. 15 Cic lUh. 7. Thm. 

I m Um», J •«■• Lbm. AltU'w. \i Cic Vcrr. L88. Lit. Qumgt. iv. ^. 

4 Sen. kp. 64. ^ CAr. Ws^. ui. U. iii. 4. uix. 16 1l) dImiU. 

b Uw. ami*. 14. SittU PolTk. vL It. li Cie. Srat :tO. 17 Uv.Ponl. lv.&.l8.K|i. 

J«l 90. 10 (30. PltU. iv. 4. 1 1 Liv. iii. 4. ti. 19. u. 47. Cic. Utl. ik 17. 



In the beginning of the republic, the consuls entered on their 
office at different times ; at first, on the 23d or 24th of Febru- 
ary,^ the day on which Tarquin was said to have been expelled,* 
which was held as a festival, and called rbgifugium ; ^ after- 
wards, on the first of August,* which was at that time the begin- 
ning of the year, i. e. of the consular, not of the civil year, 
which always began with January.^ In the time of the decem- 
viri, on the fifteenth of May." About fifty years after, on the 
I5th of December.^ Then on the 1st of July,^ which continued 
till near the beginninsf of the second Punic war, A. U. 530, 
when the day came to be the 15th of March.' At last, A. U. 
508 or 600,^" it was transferred to the 1st of January,'' which 
continued to be the day ever after.'' 

After this the consuls were usually elected about the end of 
July or the beginning of August From their election to the 
Ist of January, when they entered on their ofiice, they were 
called coNsuLKs dbsignati; and whatever they did in public 
affairs, they were said to do it by their authority, not by their 
power.'' They might, however, propose edicts, and do several 
other things pertaining to their ofiice.'* Among other honours 
paid to them, they were always first asked their opinion in the 
senate.'^ The interval was made so long, that they might have 
time to become acquainted with what pertained to their office ; 
and that inquiry might be made, whether they had gained their 
election by bribery. If they were convicted of that crime upon 
trial, they were deprived of the consulship, and their conipeti- 
tors, who accused them, were nominated in their place." They 
were also, besides being fined, declared incapable of bearing 
any ofiice, or of comine into the senate, by the Calpumian and 
other laws, as happenea to Autronius and Sylla.'^ Cicero made 
the punishment of bribery still more severe by the Tullian law, 
which he passed by the authority of the senate, with tlie addi- 
tional penalty of a ten years' exile. '^ 

The first time a law was proposed to the people concerning 
bribery was A. U. 397, by C. Pietilius, a trioune of the com- 
mons, by the authority of the senate." 

On the 1st of January, the senate and people waited on the 
new consuls** at their houses, (which in aftertimes was called 
officium) ^ whence being conducted with great pomp, which was 

1 tIL rtl Ti. lUL Mart. 9 Id. Mart. •tietor!tat«,Clo.PS».4. «t BOTMrajB nasim* 

8 Or. P. U. 08>. 10 Q. Palrlo M T. An- S«xu » hoaiauui aabitia, qal 

8 Pat. ni«. Com. 14 Dlu. k1. 66. nandiau M coadUa- 

4 K«l. S«xt. 11 la Kal Jan. U «ec p. 9l bala oblrc MlUi crant, 

b Ut. HL 6. 18 dlM MUaats Maria- 16 Qc. Sail. 17. 3& cnmpriiarralar, Liv. 

6 Id. MaiU lb. 36. tratiboi liMuadia, Ur. 1? Ck. Cera. Mar. 23. vii. (ft. 

7 Id. Draaaib. lir. ir. Kpit. 47. Ov Paat L te. Sail Cat. 18. . » aalaUbaau 

37. T. II. 81. Uul47. 18 Mar. 31. VaU 15.* SI Pllu. Kw b. 47. 

8 Kal. Qalaet. Ut. t. 1 J qaad polealata non- Saxl. 61. 

XL viii. 30. data fdlarat, wbUauit 19 auriortba* patiibat; 

coiffVLt. 95 

caUed pbockssus coNsuLABit, to tlie Capitol, they offered ap 
their towi/ aod sacrilioed each of them an ox to Jupiter ; and 
then began their office,' by holding the senate, consulting it 
about the appointment of the Latin holidays, and about other 
things concerning religion.' Within five days they were 
obliged to swear to observe the laws, as they had done when 
elected.^ And in like manner, when they resigned their <^ce, 
they assembled the people, afad made a speech to them about 
what they had performed in their consulship, and swore that 
they had done nothing against the laws. But any one of tlie 
tribunes might hinder them from making a speech, and only 
permit them to swear, as the tribune Metellus did to Cicero,' 
wfaerenpon Cicero instantly swore with a loud voice, that he 
had saved the republic and the city from ruin ; which die whole 
Roman people confirmed mth a shout, and with one voice cried 
out, that what he had sworn was true ; and then conducted him 
ijrom the forum to his house with every demonstration of respect.^ 


CvBiNe the first days of their office, the consuls cast lots^ or 
agreed among themselves about their provinces.^ 

A province,^ in its general acceptation, is metaphorically 
used to signify the office or business of any one, whether private 
or public; thus, O GHa, provincinm cepisti duram.^ Before 
the noman empire was widely extended, the province of a con- 
sul was simply a certain charge assigned him, as a war to be 
carried on, &a, or a certain country in which he was to act 
during his consulship.'^ 

Anciently these provinces used to be decreed by the senate 
afler the consuls were elected, or had entered on their office. 
Sometimes the same province was derjreed to both consuls.^' 
Thus both consuls were sent against the Samnites, and made to 
pass under the yoke by Pontius, general of the Samnites, at the 
FurcaB Caudinae. So Paulus ^milius and Terentius Varro 
were sent against Hannibal, at the battle of Canns." 

Bet by the Sempronian law, passed by C. Sempronius Grac> 
rhus, A. U. 631, the senate always decreed two provinces for 
the future consuls before their election,^ which they, after en- 
tering on their office, divided by lot or agreement.'^ In latter 
times the province of a consul was some conquered country, re- 

1 *«U •vaevpibwit' 9 Dio. sxxvii. 18. 8 piOTtada. xL I. et tXM paMlnu 

S ■■■■■ •9mm aupiw 6 Cic. Pi».3.Bp Fam. 9 Ter. Phorm. 1. 1. £2. 12 lir. U 1. xxii. 4<li. 

baatar. t. S. HnnU Hi. 8. 5. xxv. d. xxy'u. tt, lie. 

S Ov. VvnU k. 4. 9. 7 prorinciM inter w 10 LIt. ii. 40. 34. 58. U CIr. Dom. 9. Pror. 

iiT. xxt. 63. kdL 1. MftMbaatnr, ABt pum- iii. 10. SS: S&. v. Si. tiL Coiu. S. Sail. Jag. 

xxTb 88. Cie. pMt but, r*\ conitan. 0. IS. tuI. 1. 23. Ix. 41. S7. 

rad. ad Oeir. 5. BalL but; prmlaciaa par* x. IV. xxvi 99. xliii. 14 sitrt* vel coiB|iai*> 

ll.S4.0fai. tng. ISO. 14. Id. Flar.i. 11. tiaac pvtili lauu 

« Ut. xxbL M. PUa. 10. »j. 57. ct lUbi pM- 11 Ltv. x 3S. xxxii. 8. 

Fka. M, 05. sin. xxx'iii. 29. xxxir. M. 


duced to the form of a proriDce,^ which each consul, after the 
expiration of his ofRce, should command; for durin? the time 
of their consulship they usually remained in the city. 

The provinces decreed to the consub were callml provihci^ 
coKsvLAREs ; to the prastors, iiletoria. 

Sometimes a certain province was assigned to some one of 
the consuls ; as Etruria to Fabius^ both by the decree of the 
senate, and by the order of the people : Sicily to P. Scipio : 
Greece, and the war acainst Antiochus, to L. Scipio, by the de- 
cree of the senate. This was said to be done extra ordinem, 
extra sorlem vel sine sarte, sine comparatione,^ 

It properly belonged to the senate to determine the provinces 
of the consuls and praetors. In appointing the provinces of the 
prsetors, the tribunes might interpose their negative, but not in 
those of the consuls.* Sometimes the people reversed what the 
senate had decreed concerning the provinces. Thus the war 
against Jugurtha, which the senate had decreed to Metellus, 
was given by the people to Marius.' And the attempt of Ma- 
rius, by means of the tribune Sulpicius, to get the command of 
the war ajgainst Mithridates transferred from Sylla to himself, 
by the suftrare of the people, gave occasion to the first civil war 
St Rome,* and in fact gave both the occasion and the example 
to all the rest that followed. So when the senate, to mortify 
Cffisar, had decreed as provinces to him and his colleague Bi- 
bulus, the care of the woods and roads, Caesar, by means of the 
tribune Vatinius, procured from the people, by a new and ex- 
traordinary law, the grant of Cisalpine Gaid, with the addition 
of lllyricum, for the term of five years: and soon after also 
Transalpine Gaul from the senate, which important command 
was afterwards prolonged to him for other five years, by the 
Trebonian law.' 

No one was l|^owed to leave his province without the permis- 
sion of the senate, which regulation, however, was sometimes 
violated upon extraordinary occaaions.' 

If any one had behaved improperly, he might be recalled 
from his province by the senate, but his military command could 
only be abolished' by the people. *° 

The senate might order the consuls to exchange their pro- 
vinces, and even force them to resign their command." 

Pompey, in his third consulahip, to check bribery, passed a 
law« that no one should hold a province till five years after the 

1 M« p«|i B9. proeoRtoIi ka4 not tk« 4 de. Prer. Com. 8. C«ai. 8. Ep^ 

S hMM CiMre MTt, rUhl of Ukinc th* aa- 5 SalL it^^. 7S. 7. mm pwc* IT. 

laa b»lU nrer* mm- •pleM, ■atdcU Bai 6 Pint. Mar. * SylL 8 Uv. s. 18. onrii. 4a 

tri inem iadplut, hatebaak, Cie. Dir. 11 Am. B»11. CHr. 1. axis. 1%, 

CUB anapkb, i. e.coo* SB. « SMt. J«l. 19. 2i. Cle. S abravari. 

•alatn «t Bnataram, 3 lir. Hi. S. vl. U i. 'Mm. 8. VaL IS. SmL 18 Ur. sxk. 18. 

■oa-rnirt, Wat. D. IL M. uTiii. S8. uktU Dm. axTilL 8. Uv. 11 Liv. ▼. tt nvl. ». 

i. Jor pn»|R«tan ami 1. Itc. Bp. 109. Cio. Pror. 

consvLB. 97 

expiration of his magistnusy ; * and that for these five years, 
while tibe «oniub and pnetori were disqualified, the senators 
of consular and praetorian rank, who had never held any foreign 
oomnuindyShoala divide the vacant provinces among themselves 
by lot. By which law the government of Gilicia fell to Cicero 
against his wiU.' Caesar made a law, that the praetorian pro- 
Tinoes should not be held longer than a year, nor the consular 
more than two years. But this law, which is much praised by 
Cicero, was abrogated by Antony.' 


Thb consuls were at first chosen only from anong the patri- 
cians^ but afterwards also from the plebeians. This important 
change, although in reality owing to weightier causes^ was im< 
mediately occasioned by a trifling circumstance. M. Fabius 
Ambuatus, a nobleman, had two daughters, the elder of whom 
was manied to Solpicius, a patrician, and the younger to C. 
Licinius Stolo, a pleoeian. while the latter was one day visit- 
ing her sister, the lictor of Sulpicius, who was then military 
trU>ttiie, happened to strike the door with his rod, as was usuid 
when tfiat magistrate returned home from the forum. The 
young FabiOy unacquainted with that coatom, was frightened at 
the noise, which made her sister laugh, and express surprise at 
her ignorance. This stung her to the quick : and upon her 
retom hcmie she could not conceal her uneasinesa Her father, 
aeeing her dejected, asked her if all was well ; but she at first 
would not give a direct answer ; and it was with difficulty he at 
last drew from her a confession that she was chagrined at being 
connected with a man who could not eigoy the same honours 
with her sister's husband. For although it had been ordained 
by law that the military tribunes sho^d be created promiscu- 
ously from the patricians and plebeians, yet fon forty-rour years 
after the first institution. A. u. 31 1, to A. U. 355, no one ple- 
beian had been created, and very few afterwards.* Ambustus, 
therefore, consoled his daughter with assurances that she should 
soon see the same honours at her own house which she saw at 
her sister's. To effect this, he concerted measures with his son- 
in-law, and one L. Sextius, a spirited young man of nlebeian 
rank, who had every thing but birth to entitle him to ttie high^ 
est preferments. 

Lidnins and Sextius being created tribunes of the commons, 
got themselves continued in that office for ten years ; for five 
years they suffered no cnrule magistrates to be created, and at 
(ait prevailed to get one of the consuls created from among the 

I Dw. Ml. 40. > Cle. PUL I. 8. 18. ri. 80. 87. 

i Ck. Efb Vm. m. 8. 4 Uf. hr. 6. ▼. 12, U. B Ur. y\. U. 48. 




h, SsxTius was the first plebeian consul, and the seoond year 
after him, C. Licinius 8tolo, from whom the law ordaining one 
of the consuls to be a plebeian, was called lex licinia.' Some- 
times both consuls were plebeians, which was early allowed by 
law. But this rarelv happened; the patricians for tlie most 
part engrossed that honour.* The Latins once required, that 
one of Uie consuls should be chosen from among them, as did 
afterwards the people of Capua ; ' but both these demands were 
rejected with disdain. 

The first foreigner who obtained the consulship was Cornelius 
Balbus,^ a native of Cadiz ; who became so rich, that at hi& 
death, he left each of the citizens residing at Rome, 33 drachms, 
or denarii, i. e. 16$, l^cL* 


The legal age for enjoying the consulship ^ was forty-three ; ' 
and whoeyer was made consul at that age, was said to be made 
in his own year.^ 

Before one could be made consul, it was requisite to have 
ffone through the inferior offices of quasstor, ssdile, and pra^ir. 
It behoved candidates for this office to be present, and in a pri- 
vate station,' and no one could be created consul a seoond time 
till after an interval of ten years.^" 

But these regulations were not always observed. In ancient 
times there seem to have been no restrictions of that kind, and 
even after they were made, they were often violated. Mpny 
persons were created consuls in their absence, and without ask- 
ing it, and several below the legal age ; tlius M. Valerius Corvus 
at twenty-three, Scipio Africanus the elder, at twenty-eight, and 
the younger at thirty-eight, T. Quinctius Flamiuius, when not 
quite thirty,'^ Pompey, before he was full thirty-six years old.^^ 

To some the eonsulship was continued for several years witli- 
out intermission ; as to Marius, who was seven times consul, an^ 
once and again created in his absence.^^ Several persons were 
made consuls without having previously borne any cunile office. ^^ 
Many were re-elected within a less interval than of ten years.** 
And the refusal of the senate to permit Cesar to stand candi- 
date in his absence, or to retain his province, gave occasion to 
the civil war betwixt him and Pompey, which terminated in 
the entire extinction of liberty.^** 

1 LlT.rU.l,S.81. 

S LIv. rii. 18, 19. 42. 
niii. 81. ct ■libl M»- 
•iiD. SalL Jng. eS.Cic. 
RttIL iL 1. 

3 LiT.riiL4Auaiii.«. 

4 Piin. rilL 4S. •. 44. 
VeU. B. Si. 

5 Dio. Klriii. flB. 
V atM consttbm. 

7 CicPhil.T.17. 

8 wio aano, Cie. Roll. 


10 Liv.TU.4S.x.]3. 

11 Ok. Anie. S. Llr. 
nriii. 88. Kpit. xttx. 
Plat. *^ 

12 nft ClefiibaiMlu- 

tus oonnil ante fiabat, 
qnaa Biiam magUtra- 
tiaa par lagea eapara 
limiaart, L e. befbra 
bj law b« oouM ba 
auda adile, wbieb waa 
the firat iifllca proparl/ 
called masiatrataa, al- 
thmigh ibat title ia 
wfteii ufpVwil alM Iw 

tba qvaatoraMp 
tribnncahip, Cie. Lee. 

13 Lir.EpU.67.6S.80. 

14 lAr. Kiv. 4M. xaxd. 
7. Dio. xzxTi. S3. 

15 Liv. paaalm. 

16 C»t. BrlL Viv. i. 2, 

coicsvu. 09 



Julius C^esae reduced the power of the oonsuls to a mere 
name. Being created perpetual dictator ,* all the other magi- 
stmtos were subject to him. Althouffh the usual form of electing 
consols was retained, he assumed tne nomination of them en- 
tirely to himself He was dictator and consul at the same time,' 
aa Sylla had been before him ; but he resigned the consulship 
when he thought proper, and nominated whom he chose to suc- 
ceed him. When about to set out against the Parthians, he 
settled the snrxession of magistrates for two years to come.' 
He introduced a custom of substituting consuls at any time, for 
a few months or weeks ; sometimes only for a few days, or eren 
hoats;* that thos the prince might gratify a greater number 
with honours. Under Commodoa, there were twenty-five con- 
suls in one year.^ The usual number in a year was twelve. 
But the consuls who were admitted on the first day of January 
gave name to the year, and had the title of ordinarii, the others 
being styled suffbcti, or mhifjres.^ 

The consuls, when appointed by the emperor, did not use any 
canvassing, but went through almost the same formalities in 
other respects as under the republic' In the first meeting of 
the senate after their election, they returned thanks to the em- 
peror in a set speech, when it was customary to expatiate on his 
virtues ; which was called honore, vei in honorem principis crn- 
beMk, because they delivered this speech, when they were first 
asked their opinion as consuls eleit/ Pliny afterwards enlarged 
on the general heads, which he used on that occasion, and 
published them under the name of paneotricus ' Nerv€B Trajano 
Augusta dicius. 

Dnder the emperors there were persons dignified merely with 
the title, without enjoying the office, of consuls^ ^" as, under the 
republic, persons who had never been consols or pnetom, on 
account of some public service, obtained the right ot sitting and 
speaking in the senate, in the place of those who had been 
consuls or prstors," which was called auctoritas vel ierUentia 
consularis aat praloria?* 

Those who had been consuls were called consul ares ; ^^ as 
those who had been prastors, were called pr.etorh ; lediles, kdu 
litii ; quaestors, quj^storii. 

1 SmC 76. Jul. 76. C*r. Puii. vii. BS. M. m« Hge 9. 6. r. 17. Llv,E|ilt.lI8. 

SCta.PliH. ;i.AS«cL 19. Dio. xin.. »t. • i. rb x^m v-nrrvf^^. n Cle. Vat. 7. HtJb, 

ial.4l 76LDiflwzrui.l. 5 LaspW. C oratioin ceaveato h»- 89. m, allKtn Inter 

3 MwhIm H tribuMs 6 Di». slviU. 8$. biu, • vw^ir-^t. en»> praioriw. Plin. Bpo L 

ptebb in binuimm, 7 Pibi. Bb. ix. 18. PkH. Tentai, CIc. Alt i.U. M.Pillaati fnatasor- 

qoM Tohrit. Cio. All. 63 fit^ 6A. 69. 77. 99. 10 eonmlM bonoraril. luaenta rmtoria d*. 

slT.6.0M.KliU.fil. 8 Pita*. II loeo eniiMlari vA crarit. vii. 9B. vlii. 6. 

I Lmum. T. W7. UmiL vi.X7. Pwi. * 19, 91. yrxiorlo, Oe. Phil. i. 18 Cic. ram. kik 4, &«. 



Under Justinian, consuls ceased to be created, and the year, 
of consequence, to be distinguished by their name, A. U. 1393. 
But the emperors still continued to assume that office the first 
year of their sovereignty. Constant! ne created two consul:! 
annually ; whose office it was to exercise supreme jurisdiction, 
the one at Rome, and the other at Constantinople. 



Tbb name of prator ^ was anciently common to all the magi- 
strates ; tlius the dictator is called prcstor fnaximus,* Bat when 
the consuls, being engaged in almost continual wars, could not 
attend to the administration of justice, a magistrate was created 
for that purpose, A. U. 389, to whom the name of prjstor was 
thenceforth appropriated. He was at first created only from 
among the patricians, as a kind of compensation for the consul- 
ship being communicated to the plebeians ; but afterwards, A. U. 
418, also from the plebeians.^ The praetor was next in dignity 
tp the consuls, and was created at the Comitia Centuriata with 
the same auspices as the consuls, whence he was called their col- 
league. The first praetor was Sp. Furius CainiUus^ son to the great 
M. Furius Camillus, who died the year that his son was praetor.* 

>^^en one praetor was not sufficient, on account of the number 
of foreignen who flocked to Home, another praetor was added, 
A. U. 510, to administer justice to them, or between citizens 
and tliem,* hence called prator prbkorinus. • 

The two praetors, after their election, determined, by casting 
lots, which of the two jurisdictions each should exercise. 

The praetor who administered justice only between citizens^ 
was called pr^btor urbanub, and was more honourable ; whence 
he was called prator konoratus,'' major ; ^ and the law derived 
from him and his edicts is called jus honorarium. In the ab- 
sence of the consuls he supplied their plaoe.^ He presided in 
the assemblies of the people, and mi^ht convene the senate : but 
only when something new happened." He likewise exhibited 
certain public games, as the Ludi ApoUinarea ; the Circensian 
and Megalesian games ; and therefore had a particular jurisdic- 
tion over players, and such people ; at least under the empe- 
rors.^' When there was no censor, he took care, according to 
a decree of the senate, that the public buildings were kept in 
proper repair." On account of these important offices, he ivas 
not allowed to be absent from the city above ten days.^ 

1 it qni prmt jure et 4 Lir. vii. I. tuL SS. — «xii. 89. 9 Go. Fsm. xii.UL 
nerciia, Varro, arf.- Oell. xiti. II. PUii. 6 Ov. Kakt. i. i'i. 10 Lir. xxvfi. t3L Juv 
^ny^' . PkD. 77. 7 Fectw u voce Major sU lHS.TacABn.i.77. 

3 Liv. \k\. M. nL 3. 5 qal inter circa Roma. CMiral. 11 taru UeU aigcbai, 

Aae. Clc. lUM •! peregrioaa jna 6iniuiiueoinalar«fattI« Qc. \>r. i.SO. 

2 Lir. riti. ^, dleerrt, Lir. hpit. ux. wiiat, Cic. Fum. x. Xt. U Cic. Cl.iU iL 13. 


The powBr of the praetor in the adminifftnitioii of joitioe was 
ezprened in these three words, do, dico, aodico. Prmtor dabat 
adionem ei judices ; the prstor gave the form of a writ for 
tryin|r anjd redressing- a particular wrong oompbiined of, and ap- 
pointed judges or a jury to judge in the cause ; dickbat jus, 
pronoonced sentence ; adoicebat bona vel damna, adjudged the 
goodsof the debtor to the creditor, &c. 

The days on which the praetor administered justice were 
called DIES fasti.' Those days on which it was unlawful to 
administer justice, were called nbfasti. 

lUe nefiutm erit, per quern tria verba sllentur : 
FastuB erit, per quern lege lloebit agi. Ov. FomI. i. 47. 


The ptoBtor ftr&aniis, when he entered on his office, after 
having sworn to the observance of the laws, published an edict,' 
or sjrstom of rules,' according to which he was to administer 
jnstioe for that year ; whence it is called by Cicero lex annua.* 
Havinsr summoned an assembly of the people, he publicly de- 
clared^ from the rostra ' what method he was to observe ^ in 
administering justice.' This edict he ordered not only to be 
recited by a herald,' but also to be publicly pasted up in writ- 
ing,'** in large letters." These words used commonly to be pre- 
fixed to the edict, bonux factum.^ 

Those edicte which the praetor copied from the edicts of his 
predecessors were called tralatitia; those whieh he framed 
himself, were called nova ; and so a»y clause or part of an edict, 
CAPiTT t&alatitium vel NOVUM.'' But as the praetor often, in the 
couree of the year, altered his edicts through favour or enmity,** 
this was forbioden, first by a decree of the senate, A. U. 585^ 
and afterwards, A. U. 686, by a law which C. Cornelius got 
passed, to the great ofiTence of the nobility, ut piustorss ex 
EDicns suis pbbpetuis, jus dicebent, i. e. that the praetors, in 
administering justice, should not deviate from the form which 
they prescribed to themselves in the beginning of their office.*' 
From this time the law of the praetors ^ became more fixed, and 
lawyers began to stady their edicts with particular attention, 
some also to comment on them.*^ By order of the emperor 
Hadrian, the various edicts of the praetors were collected into 
one, and properly arranged by the lawyer Salvius Julian, the 
great-grandfather of the emperor Didiue Julian; which was 

I a bado, ^ood ia« db- MUMlbMt bb lileri. noUU, pob- 18 Clc. V err. i. «. 

kas liM trU Twbalari 7 qaa obMrrotma ••- Uo* propml, and* d« 14 Cir. \.«rrjj. -11. «. 

IkabaL mC pUno, i. e. d» hiuiia, Ift Ate. in Ck. Lorn. 

S efietam. 8 Ge. Fin U. St. r«etfB legi fKMMt. — Dio. Cast. K. o. E, 

S (wsMla. 9 Plant. Prol Pees. U. 11 UmrU majiueiilta, n. 

4 Cle. Vtrr. \. 4S. 10 Kriptaa b albo, I. Soel. Cal. 41. 16 Jo. iirMoriuni. 

» adleelwf. c. in tabaU daalbala, IS Siu>i. JhL 60. Vit. 17 Cic Lsgg. U 5. 0*0. 

8 S1UI la eoncioMai ad- wl, at alU diciuit, aU U. PUal. ibid. ziil- lU. 

1 3 

103 ROHAH AlCTigUlTIBi. 

thereafter called bhctum pkbpstuum, or xus sotiORARrvM, and no 
doubt was of the greatest service in formiog that famous code 
of the Roman laws called the corpus juris, compiled by order 
of the emperor Justinian. 

Beside the general edict which the praetor published when he 
entered on his office, he frequently published particular edicts 
as occasion required.' 

An edict published at Rome was called RniCTUM urbanuv ; iu 
the provinces, FROvnfciALBy Swilieme,' 4^« 

Some think that the pratar urbama only published an annual 
edict, and that the prmtor peregrimut administered justice, eithei 
according to it, or according to the law of nature and nations. 
But we read also of the edict of the prastor peregrinus. And it 
appears that in certain cases he might even be appealed to for 
relief against the decrees of the praetor urbanus.' 

The other magistrates published edicts as well as the pnetor : 
the kings, the consuls, the dictator, the censor, the curule 
aediles, the tribunes 4>f tlie commons, and the quaestors.* So the 
provincial magistrates,* and under the emperors, the prefect of 
the city, of the praetorian cohorts, &c So likewise the priests, 
as the poniifices and decemviri sacrorum, tlie augurs, and in 
particular, the pontifex maxiinus^ All these were called hono- 
RATi, honore honestati, honoribus honorati, honort vel hotufribus 
usi ; ^ and therefore the law which was derived from their edicts 
was also called jus honorariux. But of all these, the edicts of 
thejpraetor were the most important 

Tjie orders and decrees of the emperors were sometimes also 
called edicta, but usually rtscripta? 

The magistrates iu composing their edicts took the advice of 
the chief men of the state ; ' aiKl sometimes of one another.'^ 

The summoning of any one to appear in court, was likewise 
called edictunu If a person did not obey the first summons, it 
was repeated a second and tliird time ; and then what was call- 
ed a peremptory summons was given,^^and if any one neglected 
it, he was called contumacious, and lost his cause. Sometimes 
a summons of this kind was given all at once, and was called 
UNUM PRO oimraus, or uiruM pro truus. We read of the sena- 
tors being summoned to Rome from all Italy by an edict of the 

1 MirU pMonwi*. •( 48. Ob Phil. is. 7. MDltMimM dvlUtit Cia.0ft Bun.MniH 

rapeatiBa, Cie. Vflrr. Verr. U 41. iiL 7. aoKM la coatlUoa quod ccauiiaiihcr eo*- 

til. 14. ft Cie. KpiiU paarim. advoeaaflcnt, dc conat* poMtaai f«i>nt, iuIm 

t Ge. Vwr. UL 41. 40. 6 Ux. lU 37. V'al. Max. IU wntmtia praoaacf •dixit, ibid. 

4ft Ht, Tiiut. l.TdC UlaLiL araat, 8cc Oio. Varr. 11 ad ic tan pcrenpto* 

I etc. Fam. stil. 80, 91. UHLIUSS. Hi. 7. rinm (tabatar.qaoddia- 
Varr. i. 46. Aae. CiC' 7 Lir. xit. ft. Ot. Pont. 10 that, coai onllcglain raptatwiiam panaMret, 

CTm. Bell. Cir. lii. 80. Iv. Sail Cat. 8ft. pnrtivian trlbunlpiab. i e^ ultra targlrenari 

Di'i xlii.S. Val . ii. IS). Flor. i. adbibuiiaant, at rra aoa p«l«rrtar. iriiiek 

\ Lit. i. 32. 44. il W. 13 Cie. Fl»«e. IV. aamiaaria da eomnnai admittml nf oo brtker 

30. rtiU6k8l. aBii. 14. 8 ^tft* |<«>r 301. Moteatia eoiiatiiaar*- dcUj. 

N«f. GmL U Oeil. &v. tkoa, copkulea cnn lar ; otnarripaerwat It Lit iliit. II. 

11. Plaat- Cap*. Ii. S. viivi vfimariita ti^uc coaaaiuiitrt edictnai, 

FR.£TORft. 103 

Certain d«aree« of the praetor were called irterdicta; u 
about aoquiriDg, retainiii|f, or reeoveriDg the poesesiion of a 
ihug; ' also about restoring, exhibiting, or prohibiting a thing ; 
whence Horace,^ iktbroigto huic (ac. insano) onau adimat jut 
prmtoTy i. e. boftU i/iterdicai^ the pr»tor by an interdict would 
take from him the management of his fortune, and appoint hiii> 
a curator,^ according to a law of the twelve tables.* 


Ths pralor was attended by two lictora in the city, who went 
before him with the fasoe*/ and by six Uctors without the city. 
He wore the toga prmiexia, which he assumed, as the consuls 
did, on the first day of his office, after having offered up rows ' 
in the CapitoL 

When the prastor heard causes^ he sat in the forum or Comi- 
tium, on a TBOimAL/ which was a kind of stage or scaffold,'* iu 
which was placed the sella curulU of the pnetor,' and a sword 
and a spear ^'^ were set upright before him. The tribunal was 
made of wood, and movable, so large as to contain the assbs- 
SORBS or counsel of the prastor, and others," in the form of a 
square, as appears from ancient coins. But when spacious halls 
were erected round the forum, afor the administration of justice, 
called BABiLiciB, or regia, sc odes vel porticus^ ffrom their 
largeness and magnificence, the tribunal in them seems to have 
been of stone, and in the form of a semicircle, the two ends of 
which were called cornuOy or partes primores?* The first basi^ 
Uca at Borne appears to have been built by M. Forcius Cato, 
the censor, A. U. 666, hence called Forda.^* 

The JuoiCBs, or jury appointed by the praetor, sat on lower 
seats, called subsblua, as also did the advocates, the witnesses, 
and hearers.^^ Whence stUtsellia is put for the act of judging, 
or of pleading ; thus, versatus in utrisque subseUiis, cum summa 
fama et fide ; i. e. judicem et patrooum egit A subselixis 
alien us, &c. i. e. causidicus^ a pleader. For such were said 
habitcare in substUiis, a sybsdliis in otium se conferre, to retire 
from pleading ^' 

The inferior magistrates, when they sat in judgment,^' did 
not use a tribunal, but only subseUia ; as the tribunes, plebeiam 
aedilesy and quasston^ &c,^ 

T{ie benches on which the senators sat in the senate-house 

I Cie. Cm. 3. 14. 81. laterdiel Jobebtt, Ge. 11 SmL Cm. 84. Cie. 15 Cle. Roml Ai^ IL 

Or. i. 10. to wbivfa G- Sm.7. Vir. i4.0r.i.fc7.Brut. Or. L B2. FImc. 10. 

.•eru alludM, arUaiu- A PUat. Bp. L 1. 98. 84. Bruk M. S«et. Aug. 

t B BWioirionnn qui' 6 roth onncaMtb. 12 {{■•(. Ang. 31. Cal. SO. 

ban w iawrdjetit jc- 7 in, or oAsMir itro tri- 87. Stot SuV. i. 1. 80. VS SneU N«r. 17. Oi» 

(cmkjDtt*,Paa.Tn.88. btinali. Bm«X<m* «n«., Zos. t. Or. U& 68.11. SS.Cmc. 

a S4t. u. 2. a?. 8 •nggMtum r. •■«. ¥. iu*. A. vtW. 11. 14. Pmd. miiL 10. 

3 Hor. Ep. i 1. lOX 9 Cie. \n. ii.38. Mtrt. IS Vlir. t. 1. Tm. Ann. 17 jodicM racrecbu«. 

4 q*je luriitU et Mk xi. W). aL 88. i 7£. Suet T.b. 3J. ib Aw. Gc .SuH. 
r^n fcTMltba* b<iak lU i^bd'ns ei bwta. 14Uv. ukk.44. ( 1; at) S<. 


were likewise called subidHa. Hence longi subsellii Jtiiicaiio, 
the slowness of the senate in decreeingr.^ . And so also the seats 
in the theatres, circus, &G. ; thu^ genatoria gubteUia^ bis tepiaui 
gub^eUia, the seats of the equites.^ 

In matters of less importance, the praetor jud{|red and passed 
sentence without form, at any time, or in any place, wnether 
sitting or walking ; and then he was said cooiioscbrb, inierio- 
gidf aiscuiere, a vel db plano ; or, as Cicero expresses it, ex 
mquo locOf non pro, vel e tribunali, aut ex superiore loco ; which 
expressions are opposed.'^ But about all important affairs he 
judged in form on his tribunal ; whence atque fuse agebantur in 
conventu palam, de sella ac de loco superiore* 

The usual attendants ^ of the praetor, besides the lictors, were 
the sGBiBJi, who recorded his proceedings ; ' and the aocbrsi, 
who summoned persons, and proclaimed aloud when it vras the 
third hour, or nine o^clock before noon ; when it was niid-4iay, 
iind when it was the ninth hour, or three o'clock afternoon/ 


Whilb the Roman empire was limited to Italy, there were 
only two prstors. When Sicilv and Sardinia were reduced to 
the form of a province, A« Iv 536, two other praetors were 
added to goTom them, and two more when Hither and Farther 
Spain were subdued.'^ In the year 571, only four praetors were 
created by the Baebian law, which ordained, that six praetors 
and four should be created alternately," but this regulation 
seems not to haye been long observed. 

Of these six prstors, two only remained in the city; the 
other four, immediately after having entered on their office, set 
out for their provinces. The praetors determined their pro- 
vince, as the consuls, by casting lots, or by agreement^" 

Sometimes one praetor administered justice both between 
citizens and foreigners ; and in dangerous conjunctures, none 
of the prsetors were exempted from military service.^^ 

The praetor urbanus and peregrinus aoministered justice only 
in private or lesser causes ; out in public and important causes, 
the people either judged themselves, or appointed persons, one 
or more, to preside at the trial,^' who were called guAsiTORss, 
or quastores parriciiii, whose authority lasted only till the trial 
was over. Sometimes a dictator was created for holding trials. '^ 
But A. U. 604^ it was determined, that the praetor urbanus and 
peregrinus should continue to exercise their usual jurisdictions ; 

1 Cic. Ca. i. 7. Pan. 9 alsittri rsl tpp*^ ^O* onti Cic Gln.8 ^ii» 

lU. 9. torn. 9 Lir. k1« 44. rercnt, a««stimti 

8 Ck« Gonu L Mut. r. 6 ipsi mu in ub«lM !•■ 10 Uv. pa nim. imbUoM v*l ladkU «k> 

tS. fcrrent, Cic. Verr. tU. 11 14r. niiL 88. »t. 3. crMrrni, LIt. It. 5L 

I do. Fan. iil. 8. dec. 78, 7i>. xxrii. 3B.xui.l.iauv. xnviiL Bft* Sail. Ja^ 

l7.0r.6.a«el.Tib.a. 7 Varr. L. U v. 9. 41. 40. 

I Cic Vtrr. iv. 10. 11 Lir. xuli. A.S^.Bo. IS qui aiontbui prKet- U Lir. ix. SI. 

CBirtOBS. 105 

and thai tbe four other praston shoiild duriofr their magistracy 
also remain in the city, and preside at public triab; one al 
trials concerning extortion ; ^ another concerning bribery ; ' a 
third eonceminff crimes committed againrt the rtate;^ and a 
foQith about demuding the public treasury.* These were called 
QtrjESTioiias FBSFBTOA/ because they were annually assigned ' to 
particular pretors, who always conducted them for the whole 
year/ acooniing to a certain form prescribed by law ; so that 
there was no need, as formerly^ of making a new law, or of 
appointing extraordinary inquisitors to preside at them, who 
should resign their authority when the trial was ended* But 
stilly when any thing unusual or atrocious happened, the people 
or senate judged about the matter themselves, or appointed 
inquisitors to preside at the trial ; and then they were said extra 
ardinem quarere : as in tlie case of Clodius. for violating the 
sacred rites of the Bona Dea^ or Good Goddess^ and of Milo, 
for the murder of Clodius.^ 

L. Sulla increased the number of the qum$tiom» perpetum, by 
adding those de falso, rel dt ermine ftun^ concerning forgers 
of wifis or other writs, cmners or makers of base money, && 
de siCAans M vBMBncxSy ai)out such as killed a person with wefr> 
pons or poison ; et de PAaaicims, on which account he created 
two additional prastors, A« U. 67ii); some say four. Julius 
Caesar increased the number of prietors, first to ten, A. U. 707^ 
then to fonrteeOy and afterwards to sixteen.' Under the tri- 
umTiri, there were sixty-seren prastors in one year. Augustus 
reduced the number to twelre, Dio says ten ; but afterwards 
made them sixteen. According to Tacitus, there were no more 
than twelTC at his death. Under Tiberius, there were some- 
times fifteen and sometimes sixteen. '' Claudius added two prat- 
tors for the cognizance of trusts.^^ The number then was eigh- 
teen ; but afterwards it yaried. 

Upon the decline of the empire, the principal functions of 
the praetors were conferred on the pratfedugpratorio, and other 
raaffistrates instituted by the emperors. The praetors of course 
suiuc in their importance ; under Valentinian their number was 
reduced to three ; and this magistracy having become an empty 
name,^ was at last entirely suppressed, as it is thought, under 

Two magistrates were first createa, A. U. 312, for taking an 

1 it np«lBa£i. $ auadahutur. 9 Dio. xltU 51. xliii. 47. Tec Ann. L 14. 

t de •■bita. 7 qui perpatw merce- 49l Tmc. Hitu iiu tf7. 11 qvl de fi<i«i eomnii- 

9teaiije*tale. rent. 10 Oio. xliiL 32. kIviH. sis jua dieerrnt. 

1 d« |«edatii. 6 Cic. AM. i. 13, 14. 16. 43. 53. tviit. 90. Pntn- \i inaon numcB, Bocth. 

i Cw. BrnL »S. Mil. he. wm. Oti : Jur. h. 9: CoiuoL Phtlot. UL 4. 


account of the number of the people, and the value of their for- 
tunes;' whence they were called ckhsoubs.' As the consuls, 
being engaged in wan abroad or commotions at home, had not 
leisure ror that business,' the census had been intermitted for 
seventeen years. The censors at first continued in office for 
Rt^ years.* But afterwards^ lest they should abuse their autho- 
rity, a law was passed by Mamercus ^milius the dictator, or- 
daining, that they should be elected every five years ; but that 
their power should continue only a year and a hal£^ 

The censors had all the ensigns of the consult^ except the 
lictors. They were usually chosen from the most respectable 
persons of consular dignity ; at first only from among the patri- 
cians, but afterwards likewise from the plebeians. The first 
plebeian censor was G. Marcius Rutilus, A. U. 404, who also 
had been the first plebeian dictator." Afterwards a law was 
made, that one of the censors should always be a plebeian. 
Sometimes both censors were plebeians,' and sometimes those 
were created censors who bad neither been consuls nor prie- 
tors ; ' but not so after the second Punic war. 

The last censors, namely Paulns and Plancns, under Augus- 
tus, are said to have been private persons ; ' not that they had 
never borne any public office before, but to distinguish them 
from the emperor; all besides him being called by that name.** 

The power of the censors at first was small ; but afterwards 
it became very great All tiie orders of the state were subject 
to them." Hence the censorship is called by Plutarch the sum- 
mit of all preferments," and by Cicero magutra pudorU et mO' 
dettia}* The title of censor was esteemed more honourable 
than that of consul, as appears from ancient coins and statues : 
and it was reckoned the chief ornament of nobility to be sprung 
from a oensorian family.'* 

The office of the censors was chiefly to estimate the fortunes, 
and to inspect the morals of the citizens.'* 

The censors performed the census in tiie Campus Martius. 
Seated in their cunde chairs, and attended by their clerks and 
other officers, they ordered the citizens, divided into their 
classes and centuries, and also into their tribes,'* to be called '^ 
before them by a herald, and to give an account of their for- 
tunes, family, &c. according to the institution of Servius Tul- 
lius.'* At the same time they reviewed the senate and eijues- 
trian order, supplied the vacant places in both, and inflicted 

1 CBiiMil anndo. gatium uare. 9 priTatI, DIo. liv. S. 14 V*L Max. rlfi. IJL 

ILiT. vt VmL em. 4 Ur. UiT&L ir. 8. 10 V*U. U. 99L !Sa8C Tm. Ana.iikaB. HiM. 

ad cat** em. 5 ex ^aloquennali an- Tm. eC Plia. paaaim. iii. B. 

•ioiMia, id cat, arbitri* aaa ae aeiBafttrU cea- 11 eaoaorilMa aabjacti, IS Cle. La^. QL S. 

am, eentarator papa- aua (aeU aat, Ltr. hb Uv. It. SI. 16 LIr. ssuu S7. 

hia, Varr. U L.fT. li. 91 Ix. 81. U mwdbui kimonui 17 oltari. 

S non ooaaalibaa opcna 9 Liv. tH. & aptx v«l faatifhuB, IB tea p. 97. 

arat, ac. prctf on, i. a. 7 Liv. BpH. 60. Cat. Mai. 

lit MM Tacalial Id do- B LW. xxrU. «. 11. 13 Pia. 4. 



farions marks of diagnoe * on tbofe who deserved it. A sena- 
tor they excluded from the senate-house,' an eques they de» 
priTod of his public horse,' and any other dtiMn they removed 
from a more honourable to a less honourable tribe;* or de- 
prived him of all the privileges of a Roman dtiaen, except 
liberty.^ This mark of dismoe was also inflicted on a senator 
or an eques, and was then always added to the mark of disg[racr 
peculiar to their order.' The censors themselves did not some- 
times agree about their powers in this respect^^ They could 
inflict these marks of disgrace upon what evidence, and for what 
cause thev judged proper ; but, when they expelled from the 
senate, tliey commonly annexed a reason to their censure, 
which was allied subscriptio cEHsoaiA.^ Sometimes an appeal 
was made from their sentence to the people.' They not only 
could hinder one another from inflicting any censure,*' but they 
might even stigmatise one another.^^ 

The citizens in the colonies and free towns were there en- 
rolled by their own censors, according to the form prescribed 
by the Koman censors,'^ and an account of them was transmitted 
to Rome ; so that the senate might see at one view the wealtli 
and condition of the whole empire.^^ 

When the censors took an estimate of the fortunes of the 
citizens, they were said centum agere vel habere ; cmsKHB po- 
puli iBfiitaiee, soboUsy fandlias^ pecunituque, referre in censum, 
or censui cucribere,^* The citisens, when they gave in to the 
censors on estimate of their fortunes, &c. were said cbnsbri mo- 
dum agri, tnancipia, pecunitu, &c. sc secundum vel auod ad, prth 
fiteri, in censum deferre vel dedicare}* annoa dejerre vel c«it- 
eeri : ^ sometimes also censere ; thus, prdBdia ctnsere, to give 
in an estimate of one's farms ; ^^ pradia ceneui censendo,^ farms, 
of which one is the just proprietor. Hence, ceneeri, to be va- 

i QOta* inarabaiit. 
< ■—<■ asTabant v«I 
vjieiebaat. Me p. 5. 
9 Bfwnin wUaadMUit, *•« 

4 It4b ■OTtfhmt. 

5 tUBtimm bciehiat, 
Lir. mi Mr hos noa 
Matt !■ aBM emlaria 
■UB, wd ad hoc awat 
eiTta turtant, at pro 
capita aao uUmtt oo- 
Binie era peadarct, 
▲■c. Cie. or. aa it ia 
atharviaa *x.vmmA, 
in tabsJaaCatritaa, ▼•! 
later CaerltM 
baat, i* a. jura 
f ii ik-irabaBt. Ocll. xW. 
13. SCrab. r. y, 890. 
heaer Carite carm dig- 
ni, wortUaaa frnan. 
Hot. Kp. t. 0. £3. bat 
fhia last pkraaa daaa 

aecar. C«e^ 
Uvj almott al- 

wajfl oaa •rarhun Fa- 
tern in v«l inter ■»> 
riot reSbrre. 

6 tbaa, canaorea M*- 
mcrean, ani faerat 
dietctor, triba aioTe- 
raat, octaplleatoqne 
oenaa, i. e. baring 
nude tiie ralu»tion of 
bit eatata eight tiaM« 
more than It ought, 
that tbaa be aight be 
obligad to pay elicbt 
timet BMf« tribate, 
•rarinm teeeraat, Liv. 
It. M. Minaa qoee ae- 
aaln movaffnat. qui- 
buaqae a^aoa adem»- 
rant,annoa Ibeeraat, 
et tribn moveniat,alIL 

7 Claadiua nc^bat, 
aoffragii latioiwai in- 
jvasa popali eenaorm 
eaiquatn )>«miiii adl* 
Hiere fou*. Neque 

anim al tribn morara 
pomet, ^od tit nihil 
allad qunm mutara Jiu 
bera inboBi, idee omni- 
baa T. et nx. tribabaa 
emoTCre posM : id eat, 
drilatrm libertaiem- 
qoe eripere, noa nbi 
eenseatnr Bnir«f led 
cen««esrladeri!. Hm> 
inter ipaoa diaeeptata, 
lie. Liv. xIt. 1& 

8 IrtT. zzxii. 42. Cic. 
Clu. 4S. 44. 

9 Phtt. T. Q. Flania. 

10 at alter da nenata 
moveri valit, aliar re- 
tinaat ; nc alter ia mrm- 
ri»a nferri, ant triba 
BMreri Jnbeat, altar 
Tatat, Cie. ibid. Tiea 
ejectida aenata: reti- 
auit qnoadam Lapidaa 
a coIlefEa pnterttoa» 
Liv. &1. 51. 

11 Lir. u.ii. 37* 

18 ex CoraoU ab Ro- 
mania eenaoribaa data, 

13 Ur, xxfai. 16. 87. 

It Cic. Lege, ti . S. 
Liv. xxxfac. 44. Flor. i. 
6.Tac. Ann. xiii. ftl. 

13 Oku Vlace. ae. a. 80. 
Arab. 4. Sen. Kp. M. 

16 thua, CLi. anuea, 1. 
a. IM year* old, ern> 
ana eat Claadli C*- 
aariaeenaaraT. Palb- 
aiaa Bonenionaia; id- 
^aa eoOatis ernaibaa 
9nina ante detalerat, 
▼eran apparuit, Plin. 
vil. 4& a. M. 

17 Ck. FUoe. 3S. LIr. 

M ae. apla; t. a. quo- 
rum e<-naBB cenaeri, 
pretinm ■atimaii, ei^ 
dinia et Uibnii canaa, 


lued or esteemed, to be held in estimation ; ^ tie quo censerig^ 
amicus, from whom or on whose account you aire ralued;' pri- 
vatu8 iiUs CBNsus erat bremSy exuiuus, tenuis, tbeir private for- 
tune was small ; * equestris, t. -ter, the fortune of an eqnes ; 
CCCC mUiia nummwn, 400,000 sesterces ; ^ senatornts, of a 
senator ; * homo sine censu, ex censu tributa conferre, cuUus 
major censu, dot census honores, census partus per vnineroy a 
fortune procured in war ; ^ demitterecensum in viscera, i. e. bona 
cbligurire, to eat up ; ' Bomani census populi, the treasury ; ^ 
breves extendere census, to make a small fortune go far.^ 

The censors divided the citizens into classes and centuries^ 
according to their fortunes. They added new tribes to the old, 
when it was necessary.^'' They let the public lands and taxes," 
and the regulations which they prescribed to' the farmers-gene- 
ral^ were called leges vel tabuUs censorim}^ 

The censors agreed with undertaken about building and re- 
pairing the public works, such as temples, porticoes, && ; ^^ 
which they examined when finished,^^ and caused to be kept in 
grood repair.^ The expenses allowed by the public for execu- 
ting these works were called ultrotributa, hence vJUrotributa 
locare, to let them, or to promise a certain sum for executing 
them ; conduoere, to undertake them." 

The censors had the charge of paring the streets, and making 
the public roads, bridges, aoueducta, &c^ They likewise made 
contracts about fiurnishing the public sacrifices, and horses for 
tlie use of the curule magistrates ; ^ also about feeding the geese 
which were kept in tlM Capitol, in commemoration of their 
having preserved it, when the dogs had failed to give the 
alarm.^ They took care that private persons should not occupy 
what belonged to the public. And if any one refused to obey 
their sentence, they could fine hhn, and distrain his effects till 
he made payment'^ 

The imposing of taxes is often ascribed to the censors ; but 
this was done by a decree of the senate and the order of the 
people ; without which the censors had not even the right of 
laying out the public money, nor of letting the public lands.*^ 
Hence the senate sometimes cancelled their leases*^ when they 
disapproved of them, for the senate had the chief direction in 
all these matters.** 

1 Cie. Aidi. 6. Val. TOr. MnbUi. t.846. If proteTccut. 1. «. raJM. 

Max. V. S. «t. 3. O*. 8 Loe iii. IS7. reet* t « waLntfteU tO Cie. Row. An. Ctl. 

Am. iL 1ft. I, Sen. Ep. 9 Mwt. siL t>. mw prommeUru'iint. Plin. x. S. s. i(& xxa. 

76. PliD. Pn. n. 10 Ut. x. 9. KplU 19. 1« wrta ««oa csln- 4. 1. 14. 

S Ot. Pom. ti. A. 7J. 11 MO p. 95. b«nt, m. oC, Ut. it. A Si Ur. ir. B. zlitU 1«. 

9 Hor. Ud. ii. 1». 19. U mwdpibafl v. p«bU. kL 91. lUl. 8. xlr. I >. 9 Liv. xxvu. 11. xU 46. 

Bn. 1. 1. 4^ 7. 7«. eaiiit. 17 li«. xxxic 44. xliii. zIL S7. xliv. IS. Polyb. 

« PUa. Kiw i. 19. ISClc. Varr. iiU 6. 16. Son. Bon. Ir. I. vi. IQ. 

A Soot. Vrtpu 17. R«iLl.S.Pol7b.Tl.l». 18 Liv. ix. SU. 4S. sU. » loeadooM Moes 

S Cie. Floec ii. Vmt. 14 own pablico adU- 87. bont. 

ru 68. Hor. Sat. B. 8. eaoda «t nJcianda ra- 19 Plot. Co». LIv. %%W. 8« Pblyb. xanb. 14. 

ai.OT.An.iU.8.56.9. doBploriboa locahanU 18. VoaU fa Kqui co. * 

GSNfOBa. 109 

The eenfor had no rigbt to propose Iftws, or to ky soy thing 
before the aenate or people, nnless by means of the consul or 
pnetoTy or a tribune cc the oomnons.^ 

Tlie power of the censors did not extend to public crimes, or. 
to sudi things as came under the cognisance of the civil mart^ 
strate, and were punishable by law ; but only to matters of a 
prirate nature, and of less importance ; as, if one did not culti- 
vate his ground properiy ; if an eques did not tske proper care 
of his horse, which was called ihcuria, or impoliiia;^ If one 
lired too long unmarried (the fine for which was oslled jis 
mcoBimi), or contracted debt without cause;' and particularly, 
if any one had not behaved with sufficient braverv in war, or 
waa of dissolute morals ; above all, if a person had violated his 
oath.* The accused were usually permitted to make their de* 

The sentence of the censon * only afTected the rank and cha- 
racter of persons. It was therefore properly called laaoKmiA,^ 
and in later times had no other effect than of putting a man to 
the blush.' It was not fixed and unalterable, as the decision of 
a ooort of law,' but might be either taken off by the next cen- 
sors, or rendered ineffectual by the verdict of a jury, or by the 
•ufiSrages of the Roman people. Thus we find C. Gaeto, who 
had Men extruded the senate by the censors, A« U. 639, the 
very next lustrum himself made censor."* Sometimes the senate 
added force to the feeble sentence of the censors,^^ by their de- 
cree ; which imposed an additional punishment" 

The c^ce of censor was once exercised by a dictator.^' After 
Sylla, the election of censors was intermitted for about seven- 
teen yeara'* 

When the censors acted improperly, they might be brought 
to a trial, as they sometimes were, by a tribune of the commons. 
Nay, we find a tribune ordering a censor to be seized and led 
to prison, and even to be thrown from the Tarpeian rock; but 
boUi were prevented by their coUeagues.^' 

Two things were peculiar to the censors. — 1. No one could 
be elected a second time to that office, according to the law of 
CL Marti us Rutilus, who refused a second censorship when con- 
ferred on him, hence sumamed csafsoaiNus.^ — ^3. If one of the 
censon died, another was not substituted in his room ; but his 
surviving colleague was obliged to resign his office.^' 

The death of a censor was esteemed ominous, because it had 

1 PIlA.MhLN«ts»rr. loe.eiL fimbat pnMv nibo- 14 Aae. Cie. 

17. liv. l«r. elU S aBiaadTOnto naao- nm, Gs. 19 Ur, xxlv. 43b xBlf. 

8 OelL iir. 12. rU ttl jadidaa cnao- 9 nga pro ra JadSaU Ifi, 16. h. 84. Knit. M. 

I VmI. V«L Mm. U. S. rb. habebstnr. Pita. ril. 44, s. 4». 43. 

4 Ut. nW. IB. Gift. 7 aaod la BflBim tan- 10 Qc Cln. 42. m* p. 5. •.45. 

Cfai. 47. Oa: Hi. n. Um. L e. digaltata 11 ta«rti cvnioria nnui. 16 VaL Mas. I v. 1. 

U«U. vfi. 18. vmabalor. li Ur. nbr. 18. 17 Ur. ulv. 4S. nur'X 

« aaaaaK diccf* hW. 8 alhU Dm daaoate aP M Ur aain.jB.». 6. Plul. Q. Ron. M. 


happened that a oensor died, and another was choaen in his 
place, in that lustrum in which Rome was taken by the Gauls.' 

The censors entered on their office immediately after their 
election. It was customary for them, when the Comitia were 
oyer, to sit down on their curule chairs in the Campus MarUus 
before the temple of Mars.^ Before they began to execute their 
office, they swore that they would do nothing through favour or 
hatred, but that they would act uprightly ; and when they re- 
signed their office, they swore that they had done so. Then 
going up to the treasury,' they left a list of those whom they 
bad made ararii.* 

A record of the proceedings of the censors ' iras kept in the 
temple of the Nymphs, and is also said to have been preserved 
with great care by their descendants.' One of the censors, to 
whom it fell by lot,' after the census was finished, offered a so- 
lemn sacrifice ^ in the Campus Martins." 

The power of the censors continued unimpaired to the tri- 
buneship of Clodius, A. U. 695, who got a law passed, ordering 
that no senator should be degraded by the censors, unless he 
had been formally accused and condemned by both censors ;^^ 
but this law was abr<^i|[ated, and the powers of the censorship 
restored soon after by (^ Metellus Scipio, A. U. 703.*' 

Under the emperors, the office of censor was abolished ; but 
the chief parts of it were exercised by the emperors themselves, 
or by other magistrates. 

Julius CsBsar made a review of the people ^ after a new man- 
ner, in the several streets, by means of tne proprietors of the 
houses ; ^ but this was not a review of the whole Roman people, 
but only of the poorer sort, who received a monthly gratuity of 
com firom the public, which used to be given them in former 
times^ first at a low price, and afterwards,hy the law of Clodius, 
for nought." 

Julius CsBsar was appointed by the senate to inspect the mo- 
rals of the citizens for three years, under the title of pbjbfbctus 
MoaDM vel moribus ; afterwards for life, under the title of cen- 
sor J' A power similar to this seems to have been conferred on 
Pompey in his third consulship. '^ 

Augustus thrice made a review of the people ; the first and 
last time with a colleague^ and the second time alone." He was 
invested by the senate with the same censorian power as Julius 
CflBsar, repeatedly for five years, according to Dion Cassius,*' 

ft Liv.r.n.*LS7. t Gk.MU.27.Diaiij.l. cgtr. ^ Pan. Ii. 1ft. 

S Uv.sLtf. 74. 13 riettiapar doataM IS wrrlgmdto aoribo* 

S la arariaa Miwilm 7 V«rr. L. L. r. B. iniabroa, SmU JoL deUetaa, Tm. AJa. U. 

8 lintnn wndidit. 41. IS. 

4 Llr.nk.S7* 9 mc «. flO. 14 Liv. tL S4.Cic.ScsL 17 Suft. Aa«. SI. 

f aaacrU acUIea re* 10 nfcaxxTUi. IS. 23. Am. Cfe. 18 Dbn. Ccm. liiU IT. 

■tocb taboUs pub- 11 Ace. Cic Die si. 97. 15 D'm. xUli. 14. sIIt.5. Lir. B. 10. 90. 
IkbianpncM. 18 icccMtia popiiil Set. Jal. 76. Cie. 


acGordiDff to Suetonius for life,^ under the title of HiaitTSR mo- 
BUM.* Hence 

Cum tot rastioeai, ac tanta negolia mAva, 

Kes Italas armis tuteris, morUnu omes, 

Legibos emendea, Hk.* Hot. ^. ii. 1. 

Aagustus. however, declined the title of censor, although he 
is so called by Macrobius;* and OTid says of him, sic agHur 
cxNsuRA, &C.' Some of the succeeding emperors had assun:ed 
this title, particularly those of the Flavian family, but most of 
them rejected it ; as Trajan, after whom we rarely find it men- 

Tiberius thought the censorship unfit for his time.^ It was 
therefore intermitted during bis government^ as it was likewise 
during that of his successor. 

A review of the people was made by Claudius and L. Yitel- 
lius, the fiUher of the emperor A. Vitellius, A. U. 800 ; by Ves- 
pasian and Titus^ A. U. 837;" but never after. Censorinus' 
says, that this review was made only seventy-five times during 
650, or rather 630 years, from its first institution under Servius 
to the time of Vespasian ; after which it was totally discontinued. 

Decius endeavoured to restore the censorship in the person 
of Valerian, but without efiecL The corrupt morals of Rome 
at that period could not bear such a magistrate.^' 


Ths plebeians being oppressed by the patricians on account of 
debt, at the instigation of one Sicinius, made a secession to a 
mountain, afterwards called Mons Saoer, three miles from Rome, 
A. IT. 260 ; " nor could they be prevailed on to return, till they 
obtained firom the patricians a remission of debts for those who 
were insolvent^ and liberty to such as had been given up to 
serve their creditors; and likewise that the plebeians should 
liave proper magistrates of tlieir own to protect their rights, 
whose persons should be sacred and inviolable.^ They were 
called TBiBUNEs according to Varro," because they were at first 
created from the tribunes of the soldiers. 

Two tribunes were at first created, at the assembly by curias, 
who, according to Livy, created three colleagues to themselves. 
In the year 283, they were first eleded at the Comitia Tributa, 
and A. U. 297, ten tribunes were created,'* two out of each 
class, which number continued ever after. 

1 rcccfil Wt aMnm fe> tut conecnia, d«lmi4 • PUit. Vtn. 4&. H'vu YO Trab. PblL Val. 
gnaqoa iBgiarn jwr- lulf with yosr anDS| l»tL 18> 11 LIr. iLS3. An. 

Sact.Aug.S7< adora it by jronr moral 7 nonid lempiu ccoia- 18 kBCTownetlt Lir.HI. 

S VmL C«iu. ordinsneet, ref«m it ne, Tac. Ann. ii. tt. SS. M. Dtonr. v1. 8S. 

I iSimot ro" *IoM Mp> by yonr Uw%, ftr. 8 SavU Claad, 16. Vlt. 18 Varr. L. L. L ir.l4. 

Mirt tiM hmrAta of si 4 ."iaL ii. 1. SueU 27. t. Veip. B. Til. 0, 14 Cle. Cam. 1. Liv. U. 

■X ud M«li lapor- 6 FmI. tI 047. 9 dc die n»t 18. S8.e. 56. ltt.80. 



No patrician could l>e made tribune anlen first adopted into 
a plebeian family, as was the case with Glodius the enemy of 
Cicero.^ At one time, however, we find two patricians of con- 
sular di|(nity elected tribunes.' And no one could be made 
tribune or plebeian ledile, whose father had borne a curuleoflioei 
and was alive, nor whose father was a captive.' 

The tribunes were at first chosen indiscriminately from among 
the plebeians ; but it was ordained bv the Atinian law, some 
think, A. U. 699, that no one should be made tribune who was 
not a senator.* And we read, that when there were no senatorian 
candidates, on account of the powers of that ofiloe being dimi- 
nished, Augustus chose them from the equites.' But others 
think, that the Atinian law only ordained, tnat those who were 
made tribunes should of course be senators, and did not prescribe 
any restriction concerning their election.' It is certain , howoTer, 
that under the emperors, no one but a senator bad a right to 
stand candidate for the tribuneship.^ 

One of the tribunes chosen by lot, presided at the Comitia for 
electing tribunes, which charge was called wrs comitiortoiL 
After the abdication of the decemviri, when there were no tri- 
bunes, the pontifex maxirous presided at their election. If the 
assembly was broken oflf,^ before the ten tribunes were elected, 
those who were created misfit choose ^ colleagues for themselves 
to complete the number. But a law was immediately passed by 
one Trebonius to prevent this for the future, which enacted, 
*' That he who presided should continue the Comitia, and recal 
the tribes to give their votes, till ten were elected.'**" 

The tribunes always entered on their office the 10th of De- 
cember," because the first tribunes were elected on that day.^ 
In the time of Cicero, however, Asconius says, it was on the 
5ih,^ But this seems not to have been so ; for Cicero himself, 
on that day, calls Cato tribumu designatus.^* 

The tribunes wore no toga prtBtexta, nor had they any exter- 
nal mark of dignity, except a kind of beadle called viator , who 
went before thenu It is thought they were not allowed to use 
a carriage.** When they administered justice, they had no tri- 
bunal, but sat on mbseiUa or benches.*' They had, however, on 
all occasions, a right of precedency ; and everybody was obliged 
to rise in their presence.*^ 

The power of the tribunes at first was very limited. It con- 
sisted in hindering, not in acting,*^ and was expressed by the 
wotd VKTO, I forbid it They had only the right of seizing, but 

Doa. 16. SuAt. Jal. 5 Sntt. Au. 40. Uo. 9 ooopin*. nroopai. V«rr. 10. 

m. Uv.9B.n. 10 Ur lit. M. M. U. USmLSS. 

IUt. ULOSw 6 M0 Mjtmt Ligg* U uto diem quartam 10 Clo.PliU.B.M.rteL 

9 Ut. xKvlii. SI. zn. 7 Ju tribaaatas pelni- Idu Orcaaibrtt. QMMt R«a. 61* 

la. «fl. Pna.Ep.a.8. » Li*, zsak. O. Dt IOTm. Gle. 

4 OdL xtr. e. Swt. 8 d oonitlk diNnpU onr. tL 80. 17 PUa. Ep. L li. 

Amg'^O. MMat. U oMit DMnbria, ia 18 Dtoay. vO. 17. 


not of BUttmoning-.' Tbeir office was only to assist the plebei- 
ans ai^aiiMl the patricians and maipstrates.* Hence they were 
add eMS privaii, sine imperio, tine magiitratu, not bein|[r dig- 
nified with the name of maipstrates, as they were afcerwarda.' 
They were not even allowed to enter the senate.* 

Bui in process of time they increased their influence to such 
a deipree, that, under pretext of defending the rights of the peo- 
ple, they did almost whaterer they pleased. They hinderea the 
collection of tribate, the enlisting of soldiers, and the creation 
of magistrateSy which they did at one time for five years.* Tliey 
ooold put a negatire' upon all the decrees of the senate and 
ordinances of the people, and a single tribune, by his vbto, 
could BtoD the proceedings of all the olher magistrates, which 
Cssar calls extrBmwn jus trUnmoruni' Such was tlie force ot 
this word, that whoeyer did not obey it, whether magistrate or 
prirate person, was immediately ordered to be led to prison by 
a viator, or a day was appointea for his trial before the people, 
as a violator of the sacred power of the tribunes, the exercise 
of which it was a crime to restrain." They first began with 
bringing the chief of the patricians to their trial before the 
Comitia Tributa ; as they did Goriolanus.' 

If any one hurt a tribune in word or deed, he was held ac- 
cursed ,^^ and his goods were confiscated." Under the sanction 
of this law, they carried their power to an extraragant height 
They claimed a right to prevent consuls from setting out to 
their provinces, and even to pull rictorious generals from their 
triumphal chariot.^ They stopped the course of justice by 
putting off trials, and hinaering the execution of a sentence," 
They sometimes ordered the military tribunes, and even the 
consuls tbemselTOs to prison, as the Ephori at Lacediemon did 
their kings, whom the tribunes at Rome resembled.** Hence 
it was said, datum subjugum tribunitim potestatis coMulaium 

The tribunes usually did not give their negative to a law, till 
leave had been granted to speak for and against it** 

The only effecttud methoa of resisting the power of the tri- 
bunes, was to procure one or more of their number,'^ to put a 
negative on the proceedings of the rest ; but those who did so 
might aflerwards be brought to a trial before the people by 
their colleagues.'" 

1 pnAcstioMa mJ dm 5 Ur. In kT.ia.TL t-HHmf. vii. 6fi. Bpik 48. 5K Cto. Va*. 

TOMtmwa h«htb»W M. 10 uocr. fi, 10. Ldh. iiL 7. S. 

OcU. sUL IS. « IntanHdn*., 11 Lit. Ui. U. IKony. Dio. ssavU. 50. Men. 

a anlia. am fmam jn« 7 Cicu MIL 6. Poljb. ti. rL 80. riii. 17. Put. S. 

4slaa nn polMUli, 14. Bell. CW. i. 4. Uv. IX Flat. Crasa. XKo. lA Lit. it. 80. 

Lit. fi. as. Ti. 37. ii. 44. ir. i. 48. tL 85. xnix. 30. Cic. Co>l. 14. 16 Lir» %\w. SL 

3 Ut.U. 58L PbtLCor. miT.Sl. 13 Liv. iiL S5. suviii. 17 e coUagfo tribun*- 

C)«««t. R«i«. 8U Llr. 6 la ordiwa cAcwfl, 60. (Tic. Phil. U.S. Vat. run. 

i«. i. Sail. Jag. a;. Plia. Bn. i. a2« Lit. 1 1. Prov. Com ft. 18 hat. A. 44. It. 48. t 

4Mri>^ia. aaT.8,4.Plut. Mw. 14 Lit. iv. 86. t. 0. ». vi.35. 



Sometimes a trikme ma prerailed on. by entEeaties or thvealiL 
to withdraw his negative^^ or he demanded time to oonsider it,^ 
or the consuls were armed with dictatorial power to oppose him/ 
from the terror of which, M. Antonius and Q^ Gassius Longinus, 
tribunes of the commons, together with Curio and Ccslius, fled 
from the city to Caesar into Gad, and afforded him a pretext 
for croesing the riyer Rubicon, which was the boundary of his 
province, and of leading his army to Bome.^ 

We also find the senate exercising a right of liraitin|^ the 
power of the tribunes, which was called cibcumscbiptio, and of 
remoring them from their office,' as they did likewise other 
magistrates*' On one occasion the senate even sent a tribaae 
to prison ; but this happened at a time when all order was vio* 

The tribuneship was suspended when the deoemriri were 
created, but not when a dictator was appointed.' 

The power of the tribunes was confined to the city and a mile 
around it^' unless when they were sent any where by the senate 
and people ; and then they might, In any part of the empire, 
seize even a proconsul at the head of his army and bring him 
to Rome." 

The tribunes were not allowed to remain all night ^ in the 
country, nor to be above one whole day out of town, except 
during the ftrim hatinm ; and their doors were open day and 
night, that they might be always ready to receive the requests 
and complaints of the wretohea." 

The tribunes were addressed by the name nuBuin. Those 
who implored their assistance," said a tobis, tbuuri, tostijlo, 
UT Mim AuxiLio sins. 1^ tribunes answered, auziuo miiMus, 


When a law was to be passed, or a decree of the senate to be 
made, after the tribunes had consulted together," one of Iheir 
number declared," as dvtsbcsdbrb, tcI non intbrcrdkbb, aut 
MOBAM FACBRE comitHspdeiectuiy &c. Also, bb non pabsubus legem 
ferri vel abrogari ; relatianem fieri de, &c. PranuncUmt fla- 
CBBB, &C. This ^TBS caUod dbcbbtdm tribunorunu Thus, medio 
decretojiu auxUii sui expediunt, exert their right of intercession 
by a moderate decree.^^ 

Sometimes the tribunes sat in judgment, and what they de- 

1 iaUniMkMM dMit- Diowftl. 1& App. Or. 9 m^m aaim ptvroM. 18 Mt amllabMt rd 

UUH.V. tioMBB MM loBgtn ab ■nUlanuBi' 

H. lb 448. Rat. I ,- . . . ,- ^.. 

SMomiiUaddAUb*' TSTTLac ). 873. wb* allie mmmm, 14L1t. ir. SL btUL 

rawimpMtalMU: M f sTmuUlea naovM- DkMy.TlU.8r.LlT.liL 40. 

di« menm di, U •TeurU at fcra 10. 15 cam In Muffioa •». 

. iMMdiMiidi, CI*. Att. 10 jwvMaMnaetope- MMiHwC. 

Cto. Stat. 8U Att. in Tii. 9. MO. ». Gas. iMtatU.UT.Ub.azix. 10 ts raa eeUmru 

9. Wua, tUL& BaU. Qt. L 83. ttt. 81. 10. qw Matentk Ml ^ 

8 Cm. Ball. Ot. I. S. SmC J«L 10. 11 M«aetaMw mllt^^animiBeiaTiC 

Gk. PhU. a. n, tt. Ma Ck. PhU. xiB. 9. 18 Uiimj. tuL 87. OalL 17 Ut. ifl. IS. ft aUM 

|bl8. 7IMQ.»LiS,46. HL8.aUI.IS. " - 

«Cae. nU. 0.81, 81. 8LiT.ttLa8.TL88. SaULS. 

TIUBmiBS. 1 15 

cned wa« called their kdictum, or d/KrtibmL^ If any one dif* 
fered from the rest^ he likewise proDounoed hie decree ; thiUy 
7V6. Chraeehtu iia decrevU : quo minus kz bonis l. scipionis guoo 


noim HON PASSUBUM or cabcbbb bt m vinculis bssb MiTTiguB 
man b« jubbbb.^ 

The tribunes early assamed tbe right of holding the Comitia 
by tribes, and of making Uws ' which bound the whole Roman 
people.^ They also exercised the power of holding the senate, 
X. U. S98, of dismissing it when assembled by anolher, and ot 
making a motion^ although the consuls were present. They 
likewise sometimes hindered the censors in the choice of the 

The tribunes often assembled the people merely to make ba* 
rangnes to them.' By the icilian law it was forbidden, under 
the sererest penalties, to interrupt a tribune while speaking,' 
and no one was allowed to speak in the assemblies summoned by 
them without their permission : hence, concionem dare, to grant 
leave to speak ; in concUmem tucendere, to mount the roetrum ; 
ameumem habere, to make a speech, or to hold an assembly for 
speaking; and so, in concionem venire, in concionem vocare, and 
m condone etare ; but to hold an assembly for Toting about any 
thing, was habere comitia rel aobbb cion populo.^ 

The tribunes limited the time of speaking eyen to the consuls 
tbemselres, and sometimes would not permit them to speak at 
aU.' They could bring any one before the assembly,'* and force 
them to answer what questions were put to tbem.^^ By these 
harangues the tribunes ofUn inflamed the populace against the 
nobility, and preyailed on them to pass the most pernicious laws. 

The laws which excited the greatest contentions were about 
di riding the public lands to the poorer citixens '*— -about the 
distribution of corn at a low price, or for nought ^--4md about 
the diminution of interest,'^ and the abolition of debts, either in 
whole or in part'* 

But these popular laws were usually joined by tbe tribunes 
with others respecting the aggrandisement of tbemselres and 
their order ; and when the latter were granted, the former were 
often dropped.^ At last, howerer, after great struggles, the 
tribunes laid open the way for plebeians to i3l the offices of the 

1 Cfe. Verr.fiL 4L bait, t*1 peMhui ad It ai eoMionm v»I in k. luxL Cm. Hot. L la 

t Ur. sxxrSi. ML comSomb, GaII. xU. cimeioo* prmfauan. 8«it. 85. Aie. Cic 

> plttoella. 14. 11 Cle. Vat. la Pla. 8, 14 da kriado tenor*. 

4 lir. BL la M. M* fb. 7 IKmt. rO. 17. Go. T. po«t nd. in Sn, 6. U d« botIs tabvlb ; 

89. SMt.87. Dio. uztIIL 18. 1mm ft»MbrM, Ur, 

* Umr. E. a. Cio. 8 Cb. AU. It. S. Sat. 12 tecet agraria, Lir. rk ». W. vii. 18. 48. 

Ltn. iS. 1C nu. rO, 40L A«ad. t7. 47. OalL H. A. Iv. 48. vi. 11. xnr. 7. Patm. iL S. 

1. Sort. II. Apfk BaH. aOLM Oc ttaU, J3m Apf. B. Map.48. 

C».ILlND.aBnriL8. 8 Cb. lUk 8. aaa p. lakflasfraaMfrtafteval 18 Ur. v!. 88. 89. 41. 
8 mariaMM adraaa* 86. aaaonaria, Ur. EpC 


The government of Rome was now brought to its justdB^u/- 
iibrium. Tliere was no obstruction to merit, and the most de- 
■erving were promoted. The republic wai managed for aeToral 
ages with quiet and moderation.* But when wealth and luxury- 
were introduced, and avarice had seized all ranks, especially 
after the destruction of Carthage, the more wealthy plebeians 
joined the patricians, and they in conjunction engrossed all the 
honoiurs and emoluments of the state. The body of the people 
were oppressed ; and the tribunes, either overawed or gained, 
did not exert their influence to prevent it ; or rather, perhapis, 
their interposition was disregarded.' 

At last Tiberius and Caius Gracchus, the grandsons of the 

Sreat Scipio African us by his daughter Cornelia, bravely un- 
ertook to assert the liberties of the people, and to check the 
oppression of the nobility. But proceeding with too great 
aMour, and not being sufficiently supported by the multitude, 
they fell a sacrifice to the I'age of their enemies. TiberiuSy 
while tribune, was slain in the Capitol, by the nobility, with his 
cousin Scipio Nasica, pontifex maximus, at their head, A. U. 
620 ; and Caius, a few years alter, perished by means of the 
consul Opimius, who slaughtered a g^at number of the plebei- 
ans. This was the first civil blood shed at Rome, which after- 
wards at difierent times deluged the state.' From this period, 
when arms and violence beran to be used with impunity in the 
legislative assemblies, and &w5 enacted by force to be held as 
valid, we date the commencement of the ruin of Roman liberty. 

The fate of the Gracchi discouraged others firom espousing 
the cause of the people • In consequence of which, the power 
of the nobles was increased, and the wretched plebeians were 
more oppressed than ever.^ 

But in the Jugurthine war, when, by the infamous corruption 
of the nobility, the republic had been basely betrayed, the ple- 
beians, animated by the bold eloquence of the tribune MenuniuSy 
regained the ascendancy.* The contest betwixt the two orders 
was renewed : but the people being misled and abused by their 
iavourite, the faithless and ambitious Mariusy' the nobility 
again prevailed under the conduct of Sylla. 

Sy ila abridged, and in a manner extinguished, the power of 
the tribunes, by enacting, '*That whoever had been tribune, 
should not afterwards enjoy any other magistracy; that there 
should be no appeal to the tribunes ; tliat they should not be 
allowed to assemble the people and make harangues to them, 
nor to propose lan-s^'*^ but should only retain the right of iuter- 
cession,^ which Cicero greatly approves.' 

1 pUcid*no4Mtoq««. Jug. 16. 4S. Veil. iL 3. 6 Dio. fVag. suir. M. iajoric Ci r i— <! ■ ^ 4iMlLJnc. 31. 7 Lit. B pit. 89. A pp. tMUtcn wicmit. nxk 

• A pp^ Ball. Civ. I.S49. ft SaU. J»g. 40- 05. 73. Bell. CW. i. 413L lit frrcadl rclHalc. 

WJ.UcC«ti.l.iiaU. 64. SCwi. B«ll.Civ. i. 6. BOe.L« 


Bat after the death of Sylla, the power of the tribunee was 
reatond. In the oontulship of Gotto, A. U. 670, they obtained 
the ri|fht of enjoying^ other offices, and in the eonsulship of Pom- 
pey and Crassus, A. U. 683, all their former powen ; a thing 
which Caesar strenuously promoted.^ 

The tribunes henoefortn were emnloved by the leading nen 
as the toob of their ambition. Backed by a hired mob,' they 
determined eirerv thing bv force. They made and abrogated 
laws at pleasure.' They disposed of the public lands and taxes 
as tbey thought proper, and conferred proTinoes and commands 
on those who purchased them at the highest price.* The as- 
semblies of the people were converted into scenes of violence 
and massacre ; and the most daring always Drerailed.' 

Julius Caesar, who had been the principal cause of these ex- 
cessesy and had made a violation of the power of the tribunes a 
pretext for making war on his country," having at last become 
master of the republic by fwoe of arms^ reduced that power by 
which he Jiad been raised, to a mere name ; and deprived the 
tribunes of their office ' at pleasure." 

Augustus got the tribunitian power to be confenred on him- 
self £r life, by a decree of the senate ; the exercise of it by 
proper magistrates, as formerly, being inconsistent with an ab- 
solute monarchy, which that artful usurper established.* This 
power gave him the right of holding the senate, of assembling 
the people, and of being appealed to in all cases.^^ It abo ren- 
dered his person sacred and inriolable; so that it became a 
capital crime " to injure him in word or deed, which, under the 
sncoeedinff emperors, served as a pretext for cutting off num* 
ben of the first men in the state, and proved one of the chief 
supports of tyranny.^ Hence this amonc other powers used to 
be conferred on the emperors in the beginning of their reign, 
or upon other solemn occasions ; and then they were said to be 
iribinitia potestaU donatu^ Hence also the years of their go- 
vernment were called the years of their tribunitian power,'* 
which are found often marked on ancient coins ; computed not 
from the 1st of January, nor from the 10th of December,'^ the 
day on which the tribunes entered on their office ; but from the 
day on which they assumed the empire. 

'fbe tribunes, however, still continued to be elected, although 
they retained only the shadow of their former power,'* and 
seem to have remained to the time of Constantino, who abolish- 
ed this with other ancient offices. 

1 Aw. Cfc. SalL CU, »,*o.Dimi. 8. »- V. Tk. Ann. HI. <«. 18 CnUL It Aaton^- 

J8. &€. Vcrr. I. U. ft a0.SMt.85— 8B,*c 10 Dki. li. IS. llv. S. MC Von. Tie. mc p. IB, SO. 

Legs. m. 11. Smu JnU Di<>. uxfac 7, 8, te. p. 10. 14 Dlo. UIL 17. 

ft. • M* p. 114. 11 erinMn n^wUtb, 15 ir. U. Dw. 

K a OMdoeto pl«te iti* 7 |«*muI* privavlt^ P*^.!^ 17. , 10 buMoi tunbnai el 

pML 8 Swt. J«L 70. Di*. n lajnaMiU tMoi, 

JCIe.Pte.4.Smt.S9u sHr. 19. V*ll. U. 06. Tm- Ana. HL 8& Siwt. Plin. Bp. 1. 0. Pta. 10. 

• Ck.8«t. 8. .0. M. 8 1)10.11. It. SMCAnf. T8». 98. 81. Not. SO. 80. TM. I. 7T. nil. r* 


TtoL adiles were named from their care of the buildingiy^ and 
were either plebeian or corule. 

Two ADiLKs PLEBui wero first created, A. U. 860, in the Co- 
mitia Guriata, at the same time with the tribunes of the com- 
mons, to be as it were their assistants, and to determine certain 
lesser causes, which the tribunes committed to them.^ They 
were afterwards created, as the other inferior magistrates, at 
the Comitia Tributa. 

Two iBDiLBs cuRULBs woro Created from the patricians, A« U. 
3S7, to perform certain public games. They were first chosen 
alternately from the patricians and plebeians, but afterwards 
promiscuously from both, at the Comitia Tribata.' 

The curule eedOes wore the toga pratexta, had the right of 
images^ and a more honourable place of giying their opinion in 
the senate. They used the sella cundis when they administered 
justice, whence they had their name.^ Whereas the plebeian 
ttdiles sat on benches ; ' but they were inyiolable ° as the tri- 

The oflSce of the aediles was to take care of the city^^ its pub- 
lic buildings, temples, theatres, baths, basilica^ porticoes^ aquas- 
ducts, common sewers, public roads, &c especially when there 
were no censors : also of private buildings, lest they should be- 
come ruinous, and deform the city, or occasion danger to pas- 
sengers. They likewise took care of proyisions, marketsL 
taverns, &c lliey inspected those things which were exposed 
to sale in the Forum ; and if they were not good, they caused 
them to be thrown into the Tiber. They broke unjust weights 
and measures. They limited the expenses of funerals. They 
restrained the avarice of usurers. They fined or banished wo- 
men of bad character, after being condemned by the senate or 
people, lliey took care that no new gods or religious cereiuo- 
nies were introduced. They punished not only petulant actions, 
but even words.^ 

The »diles took cognizance of these things, proposed edicts 
concerning them,^° and fined delinquents. They had neither 
the right of summoning nor of seizing, unless by the order of 
the tribunes ; nor did they use lictors or viatores, but only pub- 
lic slaves. They might even be sued at law ^^ by a private per- 

It belonged to the asdiles, particularly the curule sdiles, to 

I • can adiam. 5 Age. Cic. Juv. x. 101. Cic PMl. 10 PUul. CapL It. & v. 

S DIoajr. rt.M. 6 MerosanrU. U. 7. Or. Fast. vi. 603. 43. 

S X^. Ti. 4S. vii. 1. 7 Fett. Liv. lii- M. Ur. ir. JO. x. 81. 17. II in \n voeaii 

O«0. vi- B. 8 Ck. Lmk. tii. X *%r. S Tac Ann, il« 18 G«aU kiii. li, U. 

« Cie. V«r. ▼. li. • PlaalTlUd. U. S. 4S. 8S. GelU x. 0. 

gCiMTORI. 119 

exhibit pablic solemn gumn, which they tometimM did at a 
prodigious expense, to pave the way for future preferments.* 
They examined the plays which were to be brought on the 
stagey and rewarded or punished the actors as they deserved. 
They were bound by oath to give Uie palm to the most deserv- 
ing." Agrippa, when asdile under Augustus, banished all jug- 
glers ' and ararologers. 

It was peculiarly the office of the plebeian asdiles, to keep 
the decrees of the senate, and the ordinances of the people, in 
the temple of Ceres, and afterwards in the treasury.* 

Julius Cssar added two other plebeian sdiles, called CBaa- 
A&is/ to inspect the public stores of com and other provisional 

The free towns also had their asdiles, where sometimes they 
were the only magistrates^ as at Arpinum.' 

The SMiiles seem to have continued, but with some variations, 
to the time of Gonstantineu 


Thb QnsBstors were so called," because they got in the public 

The institution of quastors seems to hsve been nearly as an- 
cient as the city itself They were first appointed by the kings, 
according to Tadtus.'" And then by the consuls, to the year 
307, when they began to be elected by the people, at the Comi- 
tia TMbuta." Others say, that two quaestors were created by 
the people from among tlie patricians^ soon after the expulsion 
of Tarquin, to take care of the treasury^ according to a law 
passed by Valerius Poplicola«^ 

In the year 333, besides the two city qusBstors, two others 
were created to attend the consols in war ;^^ and from this time 
tbe quaestors might be chosen indifferently from the plebeians 
and patricians. After all Italy was subdued, four more were 
add^ A. U. 498, about the same time that the coining of silver 
was first introduced at Rome.^* Sylla increased their number 
to twenty." Julius Caesar to forty. ^' Under the emperors, 
their number was uncertain and arbitrary. 

Two quaestors only remained at Rome, and were called quas- 
TOBsa VBBAin ; the rest, FaoTnrciALSS or militarbs. 

Hie principal charge of the city quaestors was the care of the 
treasory, which was kept in the temple of Saturn." They re- 

1 Ur. nW. 41. sffl. 4 LIt. 111. S5. aurcUBt, Vair. L. L. enent. 

6. Ch. Off. IL 16 » • Cwwa. iv. 14. M Liv. Ir. 4S. Epit. % v. 

i Swb Au. 4aw PiMt. 6 Dia. sliiL 91. Josf. 10 Ann. li. 8& 1< Mpplmdo fteiwtvi, 

Trin. It. sT 148. Otu DIgMt. i. 2. U. dS. 11 Cte. Pan. tL ». cal Judieit trsdiaenit, 

KpiL 9. Aadb PVoL T Jiir.ui.I79.Ck.Pnn. It PlBUPopUDIou/.T. Tae. Ann. xL tk 

78. sia. lU M. 16 JMon. «.iiL 47. 

2 anMticklMM, DioL 8 amvMdab IS at eoBtuUbu td aU 17 Suet.Ciaad.M.Fliir 
■Ok. 49. 9p«MkMp«eaii)MC0»> niaterta b«Ui prmto Qiwit. Rom. 40 


oeiTed aii<l expended the public money, and enteied an account 
of their receipts and disDurwinents.^ They exacted the fines 
imposed by the public. The money thus raised was called ar- 


The qnnstors kept the military standards in the treasury, 
(which were generally of silyer, sometimes of gold,) for the 
Romans did not use colours,' and brought them out to the oon- 
iuls when going upon an expedition. They entertained foreign 
ambassadors, prorided them with lodgings, and delivered to 
tliem the presents of the nublic.* Tliey took care of the funeral 
of those who were buriea at the public expense, as Menenius 
Agrippa and Sulpicius. They exercised a certain jurisdiction, 
especially among their clerks.* 

Commanders returning from war, before they could obtain a 
triumph, were obliged to swear before the quaestorg, that they 
had written to the senate a true account of the number of the 
enemy they had slain, and of the citizens that were missing.^ 

The provinces of the quasstors were annually distributed to 
them by lot,' afker the senate had determined into what pro- 
vinces quasstors should be senL Whence sons is often put for 
the office or appointment of a quaestor, as of other magistrates 
and public officers, or for the condition of any one.^ Sometimes 
a certain province was eiven to a particular qusBstor by the se- 
nate or people. But R>mpey chose Cassius as his quaestor, and 
Caesar chose Antony, of themselves.' 

The office of the provincial quaestors was to attend the consuls 
'orprietors into their provinces; to take care that provisions 
and pay were fumi^d to the army ; to keep the money depo- 
sited by the soldiers ; ^^ to exact the taxes and tribute of the 
empire ; to take care of the money and to sell the spoils taken 
in war ; to return an account of every thing to the treasury ; 
and to exercise the jurisdiction assigned them by their govern 
nors. When the governor left die province, the quaestor usually 
supplied his placeJ^ 

There subsisted the closest connection l>etween a proconsul or 
proprietor and his quaestor.'' If a quaestor died, another was 
appointed by the governor in his room, called pboqU'Sstoiu'' 

The place in the camp where the quaestor's tent was, and 
where he kept his stores, was called guJssTORiuM, or qwegtorium 
/orum, so also the place in the province, where he kept his ac- 
counts and transacted business.'* 

1 b tabalM Moepti et PhiL ix. 7. PlmL Ctt. 9 tine wrta, LW. zxx. 86. Dir. Cme. 17. Fan. 
apoui rafenbuit, Min. SS.Cia Att. vL 6. PbU. li. 15l 1& 

Am. etc. 6 Val. Max. ii. 8. U. SO. \i in panniani Ueo 

8 liir. zxx. W. xxiTilL 7 Cic. Mar. 8. 10 aoaiiMM ad aigBadft- qwcstvibiu ■aiacrant. 

80. Tae. Aan. xiii. 88. 8 Cw. Varr. I. 1». Art. poaitna, 8aal. Owb. 8. Gfe. PIvm. II. Oir. 

i am valia aldiaotw. i. 8. Cmo, 14. Pam. ii. Vac. B. 90. Gm. 19. Fan. xiii. I«. 

4 PUib axxtti. a. s. 19. 19. Plane. 87. Cat W. 11 Ur. v. 98. xxtL 47. SB. Plia. Ky. It. 13w 

Ur. &U. 89. iT. n. Tii. 7. LIr. xxxr. 8. Hor. Plaot. Baock. iv. 9. ▼. 18 Uic Vair. 1. 15. «. 

83. VaL Max. t. 1. Sat. i. 1. 1. Kp. 1. 14. IftB. Pblrh. a. 19. Saat. 14 Uw. x. tt xlL 2. 

I Oi«Bj. tU fin. Cic. II. Saal. Aag. 19. Jal. 7. Ck Varr. L 11 Clc. PtaM. 4J. 

TIm dty quftrtor had neither licton nor vtctf orvt ^ beoause 
tiiey had not the power of summoDing or apprshending'y and 
mi(^t be mosecuted by a private penon before the prator.^ 
TiMy oooM, however, bold Uie Conutia ; and it aeemi to have 
been a part of their office in andent Umea to proaecote thoae 
gnihy of 4reaBon, and punish them when condemned.' 

The provincial qaasatoiB were attended by lictora, at least ia 
die absence of the pnetor, and by clerks.' 

The qoMorship was the fint step of preferment* which gave 
one admianon into the senate, when he was said odirs od rfm« 
puhUcam, pro reaquMham capuure. It was» howerer, some- 
times held by those who had been codsoIsl* 

Under tlie emperors the qunstoiship underwent Tsrions 
cfaan|^esL A distinction was introduced between the treasury of 
the public* and the treasury of the prince ; ' and different offi- 
cers were appointed for the management of each. 

Aognstns took from the qusBStora the charge of the treasnry, 
and save it to the prtttors, or those who had been prstors ; but 
Claadius restored it to the qoaestors. Afterwards prefects of 
the treasurr seem to have been appointed.' 

Those who had borne the eusBstorship used to assemble the 
judges, called ositftontn'ri, and preside at their courts ; but Au* 
rnstus appointed that this should be done by the oncBuviai liii- 
bwjMcimdM, The ouAstors also chose thejudiceg, Augustus 
gave to the quaestors toe cbaige of the public records, which the 
aedUes and, as Dion Cassius says, the tribunes had formerly 
exercised. But this too was afterwards transferred to praefects.'' 

Angnstns introduced a new kind of quaestors called quastokes 
CAHUOATi, or eamdidaii principU vel AugiutL vei CmMoris, who 
used to cairy the messages of the emperor '" to the senate.*^ 
They were called candidaHf because they sued for higher prefer- 
ments, which by the interest of the emperor they were sure to 
obtain ; htnte petit tmquam CmsarUeandidatus^ i. e. carelessly.^' 

Augustus ordained by an edicts that persons might enjoy the 
qusBStorship, and of coune be admitted into the senate, at the 
age of twen^-two." 

Under the emperors the quaeston exhibited shorn of gladia- 
tors, which they seem to have done at their own expense, as a 
requisite for obtaining the office.^* 

Ccmstantine instituted a new kind of quaestors, called quas- 
TOXBs PAULTO, who were much the same with what we now call 

1 0«1L s»L IX la. ICiB.V«lLiL9«. Ut. S4. Dio. liib S Plla. 11 SmU Am. M. TIU 

SMt.JaLn. iH. af.Di(My.x.a3.sM Kp. Hi. 4. Tkc Ana. 6. Clwd. Ml V«tl. U. 

iVkmr. TiU. n. lir. p 4. xiii.)»,89. 194. we p. 19. 

i.4l7lA.M.I>. fl anrfaw. 9 SmC Am. 88. Dlo. U Qainet. ri.*. 8L 

GcPhM. 41. V«nr. 7 iMsu^Snek Aaf.lQt. sxxlx. 7- DIoa. Cam. 18 Ptin. Kp. s. 88, •«. 

Vt.TS. Tw. Ann. vL S. Pin. Hr. 86. Ta«. loe. elt 14 Tar. Ann. sL tL 

« prteM jnaM kflao- Pwi. 88b Dl«. UU. 16. 18 likcllM, aptetolM, wt SmU Dm. 4. 

■k. Ck. Vcrx. L 4. 8 Sut. A«g. 88. Clwd. oratlfloct. 1» Z<».v. Pros Htl. Pv* 



TmRB were TarioDS other ordinary magiBtrates ; as, 

TRiuxTmi CAPiTALn, who judged conoerniDg slares and persons 
of the lowest rank, and who also had the charge of the prison 
and of the execution of condemned criminals.^ 

Triumviri monbtalbs, who had the charge of the mint.' Ac- 
cording to the advice of Maecenas to Augustui, it appears that 
only Roman coins were permitted to circulate in the provinces.' 

NmncuLARii, vel pectmim spedatores, saymasters.* 

Triumviri nocture, vel trewiri, who had the charge of pre- 
venting tires,' and walked round the watches in the night4ime,' 
attended hy eight licton^ 

QuATuoR viRi VIAI.1ES, vel viocuTi^ who had the charge of the 
streets and public roads. 

AU these magistrates used to be created by the people at the 
Comitia Tributa. 

Some add to the magistratus ordinarii nUnore* the cbn tumviri 
lUibmjudicandis (vel sUitibuM judicandUf for so it was anciently 
written), a body of men chosen out of every tribe (so that pro- 
perly there were 105), for judging such causes as the pnetor 
committed to their decision ; and also the dbcbmvibx litUnujudi- 
candi9. But these were generally not reckoned magistrates^ 
but only judges. 


AueusTus institukid several new offices; as curaioreg cperum 
publicorum^ viarum^ aquarumf alvei Tiberis, sc repurgandi et 
iaxioris faciendi, firumenti populo dividundi ; persons who had 
the charge of the public works, of the roads, of bringing water 
to the city, of cleansing and enlarging the channel of the Tiber, 
and of distributing^ com to the people.^ The chief of these 
officers were : — 

I. The governor of the city,' whose power was very great, 
and generuly continued for several years. 

A prsefect of the city used likewise formerly to be chosen 
occasionally, ^° in the absence of the kings, and afterwards of 
the consuls. He was not chosen by the people, but appointed, 
first by the kings, and afterwards by the consuls.^ He might, 

1 Pknt. Attl. Ill S. 1 t\r. 98. an bona fbtionb. 9 praleeta* wW^ rr\ 

Ur. xzkU. W. SclL S D*o. lii. SSL Matth. 5 iBecndiit per arfi#m arb^ T»e. A an. ri. 

Cat. M. Kii. 2Hi. arMiidiipr«erant,Llr. 11. 

t ^ui uro, trndto, 4 ad ^nm nammi pro- ii. 44- la In leapaa 4clig»k»> 

■ri. Saado, feriiiade bandi saaaadarereoan- 6 vigUba dreamibant, tar. 

praantnt. whieli la of- tor, an hvM ecaent, PlaaL Amph. L 1.8. 11 a ragibua Inpoalti: 

tan B;.rkad b iatlara, e^Jaa aari, an anbcra- 7 «ai Tiaa earataat. voa Uta eoaanla* ma- 

A. A. A. r. F. Oia. ti, m m^vA paoderia, 8 Saet Avg. S7. dahaat, Tac. iUd. 


howeTer, aaseinble the senaU, eTen although he was not a aena- 
tor, and alao bold the Comitia.^ Bat after the creation of the 
pnetoTy he used only to be appointed for eelebrating the fni^ 
LtAvMB^ or Latin holy-dayi. 

Aognstus inatitated this niagistnicy by the advice of Mascenaa^ 
who tumaelf in the ciril wars had been intnuted by Auruatuc 
with the charre of the cit^ and of Italy.* The tint prseiect of 
the city was Jneasala Conrinns^ only for a few days ; after him 
Taurus Statilios, and then Piso for twenty years. He was 
usually choeen ixom among the principal men of the state.' His 
office comprehended many thincs^ which had formerly belonged 
to the pnetors and asdiles. He administered justice betwixt 
maalen and slaves^ freedmen and patrons ; he judged of the 
crimes of guardians and curators; he checked the frauds of 
bankers and money- brokers ; he had the superintendence of 
the sbambleSy* and of the public spectacles : in short, he took 
care to preaerre order and public quiet, and punished all trans* 
grrasions of it, not only in the city, but within a hundred miles 
of it.* He had the power of banishing persons both from the 
city and from Italy, and of transporting them to any island 
wluch the emperor nnmed.^ 

The pmfect of the city was, as it were, the substitute ' of the 
emperor, and had one under him, who exercised jurisdiction In 
his absence, or by hb command. He seems to have liad the 
same insignia with the praetota. 

II. The prsfect of the pnetorian cohorts^^ or tlie commander 
of the emperor's body gums. 

AugiKtus instituted two of these from the equestrian order, by 
the advice of Maecenas, that they might counteract one another, 
if one of them attempted any innovation.' Their power was at 
first but small, and merely military : but Sejanus, being alone 
invested by Tiberius with this command, increased its influence,^ 
by collecting the prastorian cohorts, formerly dispersed through 
the dty, into one camp.^ 

The prsBfect of the prstorian bands was under the succeeding 
emperors made the instrument of their tyranny, and therefore 
that office was conferred on none but those whom they could 
entirely trust They always attended the emperor to execute his 
commands : hence their power became so great that it was little 
inferior to that of tlie emperor himself." Trials and appeals were 
brought before them; and from their sentence there was no 
appeal, unless by iroy of supplication to the emperor. 

1 G«n. xiT. e. ttlL Lit. S ex TirW tMiaaaHMvel 7 ricirlas. II Tm. Abb. Iv. f 
i* ^' cwMolaribtts. 8 pmlitctu prctorio, Suet. Tib. 37. 

2 eoBctw ap«4 Roaan 4 MuraU earun gerslMt. tcI praierUs coH»rti- 12 at noa mnhuni ab 
atfae llalian arBmip S iatra ecatninaB kb bai. foerit, a prtaoiMiai 
lai, Tae. ifaa<l. Hor. mIm lafrfdcosOloJiUII. 9 Diu. Ui. 91. «an« prmimai vel 
Od. Ui. 8. 17. )i0. S. 6 la iaaalafli daporisa- 10 vim prvflMlam no* altanim abAvgustiini 
Oio-kLa. di,in^O&FkiBf.Urb dican aataaiHKlh. pariii. Vial. Cm. 9 


124 nOIUIf AKTIfiUlTUt*. 

The prflBtorian pr»fect was appointed to hU office by the em*- 
peror's diblivenng to him a swora.^ 

Sometimes there was but one praifeet, and sometimes two. 
Gonstantine created four prmfecti prteiorio: but he changed 
their office Tory much from its ori(pnal institution ; for he made 
it dWl instead of military, and divided among them the care oi 
the whole empire. To one he gave the command of the £ast» 
to another of lllyricum, to a third of Italy and Africa, and to a 
fourth, of Gaul, Spain, and Britain ; but he took from them the 
command of the soldiers, and transferred that to officers, who 
were called magtstri equitum. 

Under each of these prafecH prmtorio were several substi- 
tutes,' who had the charge of certain districts, which were called 
nioccBSBs ; and the chief city in each of these, where they held 
their courts^ was called hbtbopolxs. Each duecesis might con- 
tain several metropoUs, and each metropolis had several cities 
under it. But Cicero uses diogcbsis for the part of a province, 
and calls himself spiscopos, inspector or governor of the Gam- 
paniao coast^ as of a dimcetis^ 

IlL PiusFscTus AimoNA, vcl rei frumentaria, who had the 
charge of procuring corn. 

A magistrate usmI to be created for that purpose on extraor- 
dinary occasions under the republic : Uins L. Minntius, and so 
afterwards Fompey with fpreat power.* In the time of a great 
scarcity, Augustus himself undertook the charge of providing 
com,^ and ordained, that for the future two men of preetorian 
dignity should be annually elected to disduirge that office; af- 
terwards he appointed four,*^ and thus it became an ordinary 
magistracy. But usually there seems to have been but one prm" 
fectu9 amunue ; it was at first an office of great dignity, but not 
so in after times.^ 

IV. Fbafbctds militaris jbrabii, a person who had the 
charge of the public fund which Augustus instituted for the sup- 
port of the army.* 

V. Pbjbfbctus glasses, admiral of the fleet Augustus equip- 

Sid two fleets, which he stationed,'' the one at Ravenna on the 
adriatic, and the other at Misena or -um on tbe Tuscan sea. 
Each of these had its own proper commander.^" There were 
also ships stationed in other places ; as in the Pontus JSuxinus 
near Alexandria, on the Rhine, and Danube.^^ 

VI. Prafkctcs tioilum, the officer wbo commanded the sol* 

1 Plhi. Pan. 97. Hflrod. data Mt, Ur, It. IS. Hist. ir. 69. Bo*^. 10 pmttetmn clastk 

m. S. Dta. IxtIU. 8^ Cie. Att. W. L Dio. Omu PklL IB. Ravauatia, at prtafce- 

I ▼kariL nsbbflL Liv. EpiU 104. 8 auarian mtUtare can taadaaai* Ulaa n a rh i m , 

S da. Atk ▼.«.▼«. II. PUa. Ffea. ». aoria vaetigalibaa ad Tac HlaU fli. 1& Vag. 

Van. Ui. 8. xllLSS. 67. 5 Mafeetmnua anaUB taaadaa proarquandoa- iv.SS. 

4 anata pal«aUa ral anMeiiiL qM «Ultes, Saat. Aag. 11 Tac. Rial. B* 89. 

f^riowntariia tato orbe 6 Die. IW. 1. 17. 49. Am. aill. M. Ike. Siwl. 

in ^laiDfMBniaa ti 7 Tac Ann. 1. 7. si. SI. eoaulttdt. Aa^. 98. Flar. Iv IS. 


dien who were appointed to watch the city. Of these there 
were aereB cohorts, one for every two wards/ composed chiefly 
of maaniiiltted slaTes.* Those who ipiarded adjoining houses 
in the night-time, carried each of them a bell/ to give the 
alarm to one another when any thing happened. 

The prajtctus viffiban took cognisance of incendiaries, thierea, 
vagrants, and the like ; and if any atrocious case happened, it 
was remitted to the prefect of the dty. 

There were various other magistrates in the latter times of 
the empire, called comites^ correcioreSf duces, magigtri offici- 
omm, icrimorumy &c. who were honoured with various epi- 
thets, according to their different degrees of dignity ; as, cUxru^ 
simiy iUustres, tpectahUes, egregii, perfeclisnrniy &c The high- 
est title was nobilissitmu and gloriosigntmts. 


Thb Dictator was so called, either because he was named by 
the consul,'* or rather from his publishing edicts or orders.^ He 
waa also called magister populi, and prater maximut. This 
Biagistracy seems to have been borrowed from the Albans, or 

It is uncertain who was first created dictator, or in what year. 
Livy says, that T. Lartins was first created dictator, A. U. 2^53^ 
nine years after the expulsion of the kings, llie first cause of 
creating a dictator was the fear of a domestic sedition, and of a 
daDgerous war from the Latins. As the authority of the con- 
aids was not sufficiently respect«d on account of the liberty of 
appeal from them, it was judged proper, in dangerous conjunc- 
tures, to create a single magistrate, with absolute power, from 
whom there should be no appeal, and who should not be re- 
strained by the interposition of a colleague.^ 

A dictator was afterwards created also for other causes : as, — 
1. For fixing a nail ^ in the right side of the temple of Jupiter, 
which is supposed to have been done in those rude ages,' to 
mark the number of years. This was commonly done by the 
ordinary magistrate ; but in the time of a pestilence, or of any 
great pablic calamity, a dictator was created for that purpose," 

to avert the divine wrath 2. For holding the Comitia. — 3. For 

the sake of iiistitating holidays, or of celebrating games when 

I •■• cobort bwi* i» TCtor, oai dbro onnes dk*ret, Snet. Jol. 77. gendl i 

gbMlbvw. Mdi^nlMMMBtfVwr. « Sm. £p. 10& !<<▼• 1. 9 cun litem arv 

S litartiao Mail^ SmC L. h. Ir. 14. S3, vtl. S. Cie. MV. IC. nnt. 

Au. 8». aO. < a Attaado, qud mnU 7 Uv. ii. la 29. iii- S i. 10 qaia nuviu Ib»p» 

S mmUm, ttaUmalnilaa, ta dieUrat, i. ■. ediee- Cie. Lege- u^ >- Ovmy, ran aiat. Liv. Tiii.j«. 

th9.i\t.4^ rat: at hoaiaaa pro v. 70, *o. 

qaod a eoMolf dka* laglbaa kalmwi qam 8 alavi ScMdl val pu* 

I. 3 ' 

l%6 ROMAN ARTigniTm. 

the pnBtor was indisposed. — 4 For holding tr]als.'*^And, S. 
Once for choosing senaton,' on which occasion there were two 
dictaton; one at Rome, and another commanding on army, 
which never was the cane at any other time.' 

The dictator was not created by the suffrages of die people, as 
the other magistrates ; but one of the consuu, by order of the 
senate, named as dictator whatever person of consular dignity 
he thought proper; and this he did, after having taken thie 
auspices, usually in the dead of the night.* 

One of the military tribunes also could name a dictator; about 
which Livy informs us there was some scruple. He might be 
nominated out of Rome, provided it was in the Roman territory, 
which was limited to Italy. Sometimes the people gave direc- 
tions whom the consuls should name dictator.^ 

Sylla and Caesar were made dictators at the Comitia^ an in- 
terrez presiding at the creation of the former, and Lepidus the 
praetor at the creation of the latter.*' 

In the second Punic war, A. U. 536, after the destruction of 
the consul Flaminius and his army at the Thrasimene lake, 
when the other consul was absent from Rome, and word could 
not easily be sent to him, the people created Q. Fabios Maximus 
pRomcTATOR, and M. Minudus Rufus master of horse.^ 

The power of the dictator was supreme both in peace and 
war. He could raise and disband armies ; he could determine 
about the life and fortunes of Roman citiaens, without oonsulting 
the people or senate. His edict was observed as an orade." At 
first there was no appeal from him, till a law was passed that no 
magistrate should be created without the liberty of appeal,' first 
by the consuls Horatius and Valerius, A. U. 304 ; and afterwards 
by the consul M. Valerius, A. U. 453.1° But the force of this 
law with respect to the dictator is doubtfuL It was once 
strongly oontested,^^ but never finally decided. 

The dictator was attended by twenty-four lictora^" with the 
fasces and secures even in the dty." 

When a dictator was created, all the other magistrates ab- 
dicated theur authority, except the tribunes of the commons. 
The consuls, however, still continued to act, but in obedience 

I naitfmibas naratn* Bell. Clr. 11. 19. DIo. ton, with th* CuoM to MMwir M nelar% 

diSiljiv. TiUS. SB.VUL slultf. and mcotm, eroi ia h«d dani a thiac «■• 

ti. 40. U. 7. 18. 84. 7 Lir.nK.8.SI. thcdtf. In this Ihev tiralj VApraecdaatad : 

»▼. S. 8 pro nonina nbMrrm- ■vpM'' **> hav* aiTM. Sylla, dieiatar fMtaa, 

8 qui Mnatan 1«m«t. tnm, Ur. riiL 34, FInlareh indead tolla quod name 4|aidaia aa. 

8 Lir. urilU 88, lie. 8 aUia proroeatkiaa. aa, ia FaWa, tkat tba ^uaa faearat. aaa faa 

4 aocta nlantio, at moa 10 Liv. Ul. 99. z. 0. diotater was atteadad cibas Tlgiati qaamar 

act, dietatoraa dixit. Fast. In too. Optfaaa hr H lieton; bat, aa nroeeaalt.— AKraoR. 

LIT. TiU. 88. he. 88. las. J. Lipaioa obMrras, it w tkat Utf iaatly 

Diaoy. a. 93. poat »•• 11 Ut. Tin. 88. thb statanMat Is aon- calls faapariaa diotata- 

dlan aactem. Fast. In 12 Tha wrltars oa Ro> tradietad br bi(liar aa- ria, aaa ingmio valia. 

,,^ Silaatio, Siab- aaa antiaaitlaa, and thotitf ; mr wa ara BMwa, a aoaanad ia 
tnw, at Salidaaalla. aspaoiallf Dr Adam, told la tha apiloaa af Itsalf anoaalialUbla 

i Lir. It. 81. nTii . 9. aaaart that tha dictator tha 8Mh baok or LItj, IL 18. 80. 
• Cic Rail. Hi. 8. C«a. vaaatlaadad by Sftlie- thai Sylla, inaaaaalaf 


to llw dictBtor, and without any emigiis of aathority in hit 
The power of the dictator was drcomscribod by oertain limits. 

1. It only continoed for the space of six monthi,' otod although 
the business for which be had been created was not iini^ed, and 
was never prolonged beyond that time, except in extreme n^ 
cessity, as in the case of Camillas.' For Sylla and CsBsar 
osarped their perpetnal dictatorship, in contempt of the laws of 
their coontry. 

Bat the dictator usually resigned his command whenerer he 
had effected the bojiness for which he had been created* Thus 
1^ Cincinnatus and Mamercos J^milius abdicated the dictatoi^ 
ship on the sixteenth day, Q. Seryilius on the eighth day.* 

2. The dictator could. lay out none of the public money, with- 
out the authority of the senate or the order of the people. 

3u A dictator was not permitted to go out of Italy ; which 
was only once Tiolated, and that on account of the most urgent 
necessity, in Atilius Calatinus.' 

4u The dictator was not allowed to ride on horseback, without 
asking the permission of the people,' to show, as it is thought, 
that the chief strength of the Roman army consisted in the in- 

But the principal check against a dictator's abuse of power 
was, that he mlgnt be called to an account for his conduct, when 
he resigned his office.' 

For 1 20 years before Sylla, the creation of a dictator was dis- 
used, but in dangerous emergencies the consuls were armed with 
dictatorial power. After the death of Giesar, the dictatorship 
was for erer abolished from the state, by a law of Antony the 
consul.^ And when Augustus was uiged by the people to accept 
the dictatorship, he refused it with the strongest marks of aver- 
sion.' Possessed of the power, he wisely declined an odious 
appellation.'^ For ever since the usurpation of Sylla, the die- 
tatonhip was detested on account of the cruelties which that 
tyrant had exercised under the title of dictator. 

To allay the tumults which followed the murder of Clodius by 
Milo, in place of a dictator, Pompey was by an unprecedented 
measure made sole consul, A. U. 703. He, however, on the 
first of August, assumed Scipio, his father-in-law, as colleague.'^ 

When a dictator was created, he immediately nominated^ a 
master of horse," usually from among those of consular or prie- 
Corian dignity, whose proper office was to command the cavalry, 
and also to execute the orders of the dictator. M. Fabius Bu- 

1 P«lyk iiL S7. Ur, W. 4 Ur. iii. ». hr. H. 47. 8 Ck. PhU. L L 10 Die. IIt. 1. 

r. axtL IL. Ac. 9 gwrnatw^J ^U ab 11 DlobBi.N, 51. 

S ■c»Mtoi« tkUtmn, 5 lAr. Epic so. knnerb teg*, nado IS dixit. 

Mv. fau M. 6 Ur. xmbi. 14 pwtar«. depracetos IS WMptlar cfahva. 



(eoy the dictator nominated to choose the senate, had no master 
of horse. 

Sometimes a master of horse was pitched upon^ for the dicta- 
tor, by the senate, or by order of the people. 

The magister equitum migrht be depri?ed of his command by 
the dictator, and another nominated in his room. The people 
at one time made the master of the horse, Minadus, equal in 
command with the dictator Fabius Maximus.' 

The master of the horse is supposed to have had much the 
same icsi|rnia with the praetor, six li<itors, the pratexta, &c* 
He had the use of a horse, which the dictator had not without 
the order of the people. 


Thb appoiatinent of th* tint 
dicutor Is pUeed ia U* tenth 
fmr after tha fli«t eonmili; and 
th« oldest aanaliati lay it waa 
T. Lareina. Bat thorn worn 
dtrera conuadietorjr atatcmtata, 
•nd tho mnitf nf the VaUriu 
lio«M aaalcnod tkia kommr to a 
aophew of PtiUiroU. Aocord- 
Ing to the dato Juat noationed, 
-liveina was oeninl at tho time, 
and ao only rooeiMd an onUrgo> 
uientof hla power: another ac- 
eount related aa the oeeaaion of 
the appointment, what booimU 
probaolc enongh, that ij an na> 
tortnnato ehotoe the repaUie had 
been placed In the haada o> two 
conenle of the TarquinUn fee* 
lioQ, whoaa aamoe were anbae- 

Jnaatlf raodered dnUeoa bjr in* 
uUeaee or by calamay. 
That the name of dinator waa 
of Lntin origin, la aehnow 
led god; and aunredly the char- 
acter of Ua ofilen, ioTeatod with 
regal power for a limited period, 
wna BO lees m. The oxiaienca 
of a dicutor at Tanenhim in 
•arly, at LannTiiim to rerjr late 
time*, ia matter of kietory ; and 
Latin ritnal b<ioka, wkieh refvr- 
nd to Alban traUitiona, enahkd 
Macer to auert that thia niagia' 
<raef bad aabtiaied at AlSa; 
Cbongb it ia true tfc«tihepreser- 
ration of any hialorieal record 
concerning Alba ia atlll mora oat 
itf tbe <iQe«tion than oniicerning 
Jlome Before Tiillua Hoitilina. 
The Latins, however, did not 
nerelf elect dietatora in their 
■etreral eitiea, but aUo over tho 
whole nation: from a fragment 
•f Cato wo learn that tho Tnaea. 
Ian R^eriot waa dictator orer 
«hetollectiTeb'Hly of tkoLatina. 
Her^ we catck a glimmeriag of 
iifht; bat we mnat follow it 
With cantiou. It Ronw and La* 
ticm were ooofrderate atatoe on 
a Uiotiog of equality, ia tha room 
•f that aupioaiaey wkieh lasted 
bat for a short time after the 
reroloCion, tkey most bare pas- 

seated (he chief command alter- 
nately: and thia wonld oxpiaia 
wky the Roman dictators wore 
appointed for only sis moaths; 
and how they came to hara 
t«oaty*fottr lictOT*: aamoly, oa 
a eymool tkai tho goremmenia 
of tbe two statea were onitod 
under the aame head: the con- 
eaia bad only twelre betwoea 
thom, which went by toraa from 
ono to tho other. And ao the 
dietatorohip at the iMginnIng 
wonid be dircetad sololy lowaid 
fiireign affairs ; and the eontinn- 
anoe of tha consul a along with 
tho dictator wonld be aooounted 
for : nay, the dieutorihip, being 
distinct from the olBoe of tha 
maffiiltr ptfuti , mijsht sometimes 
be conferred on hira, eometinoe 
on one of tha oooenla. 

Tha object aloied at in Instl- 
fating the dictatorship, — as I 
wiU call it from the first, by the 
name which in coarse of time 
»nppUaied the earlier one,— wu 
iaeontestabiy to erode the Valo* 
rian lawa, and to re-eatabli»h aa 
vniimited aathoritj orer tho plo- 
belias area within tho barriers 
and tbe mile of their libertlas : 
for tha legal eppoal to the com* 
m'>nalty was from the Mnteneo 
of the Goosala, not Iron that of 
this new magiatrate. Nor does 
sooh aa apneal saem orer to hare 
bean introduced, not eren aflar 
the power of the tribune* had 
grown to an inordinate eseaes t 
the Romans mtlirr chose to let 
tlie dictatorship drop^ The tr^ 
dition, aeuordtnely, ia perfectly 
curreet in reoordiait hew tbe a^ 
poiatment of a dictator alarmed 
tho commonalty. 

That eren the membars of the 
houses at the first had no right 
ol appealing agalast tha dicutor 
to their comitla, though they had 

CiMseed each a right evaa n»- 
r the kings is expressly aa« 
srrted by Vestas: st the same 
time he adds that thoy obtained 
it. This is ennfimod oy the ea> 
ample of M. Fahiae : who, when 
bra eon was persecaled by the 

ferocity of a dictator, appealed 
ia hia behall to the popnlaoa ; to 
hia pears, tbe patricians ia the 

The later Remans had only aa 
fndietinot Imowlcdge of the die- 
tatarsbip, diawa frarn their ear- 
lier history. Kxoepiiag Q. F»- 
Uaa Maaimns in the aecond 
campaign af the eeeaad Ponio 
war, wboea olcctioB aad attaa- 
tion, moreovar, ware eomplfit'iy 
at rarianoe with andenl cnatom, 
no dictator to comnuwd an armp 
had beaa appointed aiiMO 903; 
and eren the comitia for alee- 
tlons had nerer been iMld by oae 
slaee tha b^gianlng of the Ma* 
eedonianwar. AaappUed to the 
tyranny et Sylla and tho mo- 
aarcby ol Cmaar,, the title waa a 
mere nasM, withont oay gnnnd 
for anah a osa in tha ancieat 
eoeetitatioa. Hence wa can ae- 
aoaat for tbe amir of Dioa Ca»> 
slasi when, orarloaking the pti> 
rilege oMhe patrldaaa. ha ex- 
presslyasserts that in ao instiass 
was there a right of appaaliag 
Bgainat the dictator, and that ha 
SBight eoodama kaighU aad so- 

Baton to death wilhoat a trial: 
as well as for that of Dioaysias, 
who faacias ha decided oa every 
nweaare at wiil,^ area ahoat 
peace and w«r. Sueh notimw, 
oat of which ibe modema hare 
drawn their phraaa dicssisriof 
pawrr, are siuiaUe indeed te 
sylla and Caaar : « Ith relanace 
to the geaaine dietatorship they 
are utterly mistaken. 

Like ignorance as to ike an- 
chat stale of things is inrolred 
in the notion of Oionyaina, that, 
after tho eeaato had merely re> 
aolved that a dictator was to be 
appolated. aad which eonsal was 
to Bome him, the coawsl exer- 
cised aa nnconlroled diacrstioa 
in tiM ekolee: which enaioa, 
being deliverad with such peei* 
tiraneas, haa be c a m e the prer^ 
lent one in treatieea oa neotan 
aatiquiiies. Socfa might pokaibly 
be the esse. If tho dicutet was 
restricted to tha oharga «f pf«> 

I isiuM ral additiu est. 2 Liv. rii. U. 24. 28. 3 Ur. rtii. 35. ssU,Sk 4 Dia. sHk 0. 




Tbb Una of Borne at fint^ as of other ancieiit natione, were very 
few and aimple.^ It is thought there was for some time no writ* 
ten law.' Differences were determined ' by the pleasure of the 
kings/ according to the principles of natural equity/ and their 
decisions were Md as laws.' The kings used to publish their 
oonunands either by pasting them up in public on a white wall 
or tablet,' or by a herakL Henee they were said, omnia maw 
gnhtmart^ llie kings, bowsTer, in erery thing of importance, 
consulted the senate and likewise the people. Hence we read 
of the LEoxs cuBiATJi of Romulus and of the other kings, which 
were also called IiEOks aaeiiB.' 


wkieh pwpoM it Mtlvrarf Mt 
wtM h« waa : bi the Momd Pn* 

fal Mt, tlM OOOMl M. 

Irfarlou MMitad this 
hM rifht ; MMi in t)M iint tha 
tat aljvMtr ha«* bam 
ihe tamm ; fm tlM P. Cla^iu 
PklflhOTCiMldMt kava iMallad 
the tflfablie by ooninaling M. 
eijrcia. Baft awar oaa dM dia- 

■oaal of banglf aowar Iwra 1 

' fta &• diaaraHaa of a 

of tha 


clatklag tlM prtaoiiplFa 

iaaa Matariaal fafypiaaanad 
tko traa aeoout. Far what 
eaa bafv avoplM 
I witk tha naalatloa af 
tlM aeaato, aa it aroTaaaaa to ba, 
ikatsdtiaaB. ^rtaat the aanaia 
ahoold aoBtnata^ and tka paopla 
apfran of, abaald gavam nr 
■a aaao Aa t Tha paopU haia 
la tha popalaa: it waa a roTiral 
of tha aaoicnt caataa for tha 
king ta bo aleetad by tha patrld- 
aaa: aad that aaeh waa tha fcna 
b tatabliahad bj poaitiva iMti- 

«E.. iadaod, ihraagb- 
hole Arat doead of 


OBt tho 

Livf, do wa raad tM a 
tha aaaata wherabf 



waa ■opaialad, withaot aof so* 
tJca af tho giaat 

aeil of ih« 
eld mode of 

tho klnca 
ia all iia farta: So dictator aflar 
hia a|i|ioiBtiBont had to obtain tho 
taapanaiB fro« tho carirn. And 
tha, fhiai poaaoaaing thia right 
of eonteilag the iaipor&na, the 
|rtrfai»na aai^t dlaponao vith 
votisg OB the proliaiiaarf aoai* 
aation of Iho oanate. Appointing 
a dictator waa an aShir ot wna' 
cy: aoaae angofj or other nught 
iat aiia pt tha enrlca: It 

ItartaaBta aaoagh that there ware 
bat tao rnaar diaaeaa of thia at 
the tine when he waa to be pro> 
alalwid by tho eaoaal, and when 
tho law on hia iiaporiaai waa to 
be pueod. And after tho pie- 
boiaaa ehtalnod a ahara la ike 
aa tha aonato wao 

aowtlanaiy appn»iautla|{ to a 
fair mlitwa m Iba two aal 

It waa a fria fm the baedoa of 
the nation, prorided the election 
eould net M tranaftrrad ta tba 
ceatarioa« to atrengtbea the ao- 
nale*l power of aomiaating. 
Under the old ejatam a nlabeian 
eoold not paaaibly ha oietator. 
If ow, aa C-lbrcfau ha 88B 

od thia ofloe to hie own order, 
wfaareaa la 198 U la eapreealf 
otaled that tha appointaaent waa 
approved by tho patrieiana, it ia 
alaioat certain tnat the ohange 
took pieee withla thia iatarTaL 
Xoen in 444 «he beatowal of tho 
faoperbuB waa aaavodly aaoro 
then aa oaipty fern : bat It bO' 
oaaM aneb Of tho Manlan law : 
thoacefbrwanl it waa eniT raqni* 
lite that tho oeaanl ahenld eon- 
aent to aroelaiai the peraon 
aoBad hy tae aenatob Thaa after 
that tiaw, In the adraaead atata 
of popular fr aodoia. tha diotator- 
ahip cooU eaeor hal aoldoa es> 
eept for trivial pnrpeaea i and tf 
on aooh oeeaaiona tho appoint 
■eat waa left to the eoaaala, 
ther would natarally laf elaiai 
to it llkewiee ia those aoiitarr 
iaataneee wbare Ae offlce atlll 
bad real importaaee. 

Howrrer, when P. Clandioa 
Inaaltiagly aiianaed hia privl- 
lego, tfao i«aeail>rance of the an* 
eiant proeedare waa atill freab 
ennagh for tho aenale to havo 
the power of airaalliag the aoaa- 
daloaa appointaeat. To do ao, 
thef wnuld not even need tho 
legal limltathm nMntioood bf 

Urr, that aone bat cenanlars 
ware ollgibla. A Uw of thoaa 
eari/ tiaupa eaa oolf have apokon 
of anatora end pratoriaaa i for 
which neaoa, thia pnator eooti* 
naing ta be doOBod a eoUeaguo 
ef the eoaaala, tt waa aot vlo« 
lalad whoa U Faplriaa Cneaaa 
waa BMda diatator In 4U: and 
tho other eaaea which weald bo 
agaiaat tho nda, if interpratad 
atrictlj of anch anea aa had a^ 
taallj been eoaaala, aiigbt jro- 
biUr bo owlaiaad ia the aaaw 
war. if we had pneteriaa FaatL 
la a aaaber of paaaagaa It ia 
diatinetljr atatad that tho Baetor 
of tho knighu waa e b oaa a bf the 
dietator at ploaanro. Bat thie 
Bgaia aaat haTB boon tha noro 
raeent praatiee ! at all OTonta hia 
appointfliont In one iaataaoe b 
Mtrlbatad to tho acnate no laaO 
elearlf than thatof tbedbtator: 
aa at the origin of tho ofloe it b 
at beat ia geaeral tenaa to elei> 
tore: and the decree of tbO 

K' ha, whbh in »48 raiacd Q 
Iriaa Flaecaa to the dictator* 
abipL enjoiaed hlaa to appoint 
P. Lieiaiaa Craaana wttniOm 
aa yihiw . The ciTil obaraeter of 
thU offleer la oaveloeed in total 

obacuritT : bat dut ao waa not 
•If the anatar of the horoo 
the dieUtor'a Ueateaaat in 

tho field, b oorteia. I oenjco. 
tnrot that he waa eleeted bf the 
oenlnriea of plebeian kaighta,— 
ae the nmmiatn ftpmli waa bf tho 
pepM/wc, uo abc aoflragia,— and 
that ho waa tbeir protector. Tba 
dbuter ataf bare preaidad at 
the eloetlon, letting tho twriro 
eontorira vote oa tho potaoa 
whom he oropoeed : thb mifdit 
afterward all latediauo, aMho 
weald then name hia brother 
natiatrate biraaalC— Nbbuhr, 
Vol. L p U2— US. 

1 1^AnB.ili.tfiw 
8 nihil ecripti jarb. 
S litea dtrMobanUr. 
4 foow arbitrio^ 

i esaMineotboao,Sen. 

6 Dieny. s. 1. 

7 ia aloBB 

ponere in pablico, Lit. 
8 nMnpon. a. 8.D. 
Or'g. Jot. u • -" — 

tato et iaporiOi, Ti 
Aario. 0. 
9 Liv. V. 1. 

130 ROMAN ARTigVlTIBft. 

But the chief leffislator was Senriut Tullius,^ all whoae lam, 
however, were abolished at once ' by Tarquinius Saperbus. 

After the expulsion of Tarquin the institutions of the kings 
were observed, not as written law, but as customs ;' and tho 
consuls determined most causes^ as the kings had done^ aocord- 
ing to their pleasure. 

But justice being thus extremely unoertain^ as depending on 
the will of an indiridual/ C. Terentius Arsa, a tribune of the 
commons, proposed to the people, that a body of laws should bo 
drawn up, to which all should be obliged to conform.' But 
this was violently opposed by the patricians, in whom the whole 
judicative power was Tested, and to whom the knowledge of tho 
few laws which then existed was confined.'' 

At last^ however, it was determined, A. U. 299, by a decreo 
of the senate and by the order of the people, that three ambas- 
sadors should be sent to Athens to copy the famous laws of 
Solon, and to examine the institutions, customs, and laws of the 
other states in Greece.^ 

Upon their return, ten men° were created fran among tho 
patricians, with supreme power, and without the liberty of ap- 
peal, to draw up a body of laws," all the other magistrates havinsr 
lirst abdicated their office. The decemviri at first behayed with 
great moderation* They administered justice to the peoole 
each every tenth day. The twelve fasces were carried before 
him who was to preside, and his nine colleagues were attended 
by a single officer, called ACCEiTsas." They proposed ten tables 
of laws, which were ratified by the people at the fJomitia Cen- 
iuriata. In composing them, they are said to have used the 
assistance of one hbrmooorus, an Ephesian exile, who served 
them as ati interpreter.^^ 

As two other tables seemed to be wanting, decemviri were 
again created for another year to make them. But these new 
magistrates acting tyrannically, and wishing to retain their com- 
mand beyond the legal time, were at last forced to resign, 
chiefly on account of the base passion of Appius Claudius^ one 
of their number, for Virginia, a virgin of plebeian rank, who 
was slain by her fatlier to prevent her falling into the decem- 
vir's hands. The decemviri all perished either in prison or in 

But the laws of the twelve tables " continued ever after to be 
the rule and foundation of public and private right through the 
Roman world. ^ They were engravea on brass, and fixed op 

1 pnaolnuu unetor !•• BUnm, Ck. Fan. U. 8 deotmrirL I3 font iiniTwni paMici 

gam, Tv. Ann. lii. K. 10. 9 Im Ibns •erikendl*. nriTatiaue Jiir{«, Liv. 

a aao edlete ■■bUta, 5 qno omoM u& date- 10 Ur. iiL SS, S3. Bi. 34. AnU aqvi jvih, 

iMMf.lT. 49. rrat. II Cic T«m. t. 36. Tao. Aon. ill 10. 

S Uaqua aorm m^e- 8 Lit. iil. B, PUo. txxir. K t. III. 

roB. 7 Lir. iiL 11. Flbt. Kp. IS legva duodcdm u- 

« InuinTOlMiUUp^ vtU. M. balanw. 



IB pnbfic^* and even in the time of Cicero, the noble youth wlia 
meant to apply to the itudy of jurispnidence, weie oblig^ed to 
get them by heart as a necessary rhyme,* not that they were 
iKiitten in rene^ as some have thought; for any set form of 
vrordsy' even in proee, was called carmen, or carmen campositum.* 


Tub cause of their institution has already been explained.* 
They are so called, because those of the plebeians who had been 
military tribunes in the army were the most conspicuous. Their 
oflice and insignia were much the same with those of the con- 


ConcBBMiNo the causes of creating this magistrate, &c., see p. 9 K 


Thbeb were several extraordinary inferior magistrates; as 
DuoMVUi perdueUicnU judicandm causa} Duumtnri navales^ 
cioBtis ornandm reJicimdaquB causaJ Duumviri ad adem Ju- 
turn Monetm faciundam.^ 

>^Tuinnr»i eoUmim deducemdm} Triumviri bini^ qui cilra et 
tdtra quinquagesimum lapidem inpagis forisgue et concilialmiiM 
ommem copiam ingenuorum iiupicerent^ et idoneos ad armafereib' 
da eang^rerentt mUUetque facerent.^^ Triumviri bini ; uni 
saaie conguirendis chmsque pereignandie ; (Uteri r^ficiendiM 
eedUnu Mcrie^^ TViumuiri mensarihfacti oh argenti penuriam,^ 

QunrgnsviRiy agro Pimiptino dividendo.^ Quviqueviri ab dis- 
oetuaiione peewMB ksisarii appellati.^* Quinqueviri muris tur- 
ribusque refidendie}^ minuendis publids wmptume}^ 

Dbcsmviri agrie inter veteranos milites dividendis^'' 

Several of these were not properly magistrates. They were 

1 tofea ll«c*Hiiiril>>| tha AmU to carrjr tms. 14 Art oonaiiMiaDen 

^iims tobttlis ined^ ' 8 two coimnlnloaert to II two sfts of trinm- called binkon/ fron 

doeia ••CflnMOfinas ciwt s tonplf to Jano rirs: ona, to wweli their daeliag eat tka 

iaeine \m pdblke pro- Moneta, Ur. i. 26. vi. for the rffecti bebnf- nonej. 

Ce— nm.aa.ce — fcw, M. vii. 01 Ix. 30. xL. ing to the taaielee, ud 14 Ave eoma{tekn*rg 

V. lib A7. 16. 8(. xlL 1< register the oflicriogt : fi»r repelrtoc the waiU 

f tiiyiaiii «arm«B a*> 9 three ooamUelonere the other, to repair the and towore (ur Rome). 
, Ge. Legg, to eoadnet e cohmr. teupiet. 16 fire eoaminionere 

0. SSL 10 two i^ti »r trlaie- 12 three!c bankere appointed to redtioe the 

A veifa vmmj fU. vfra, «ea of iriiiek anoiotod <m aocoant poDlie expnnaca. Uv. 

4 Ut. 1.84.20. iii. 64. within, and the other of a acareity of moner, ri. Sl.vii. 81. xxr. 7- 

x A8. Cla. Mtv. is. hevond, thediaUoeeof Lit. ir. ll.-Ti.86.riU. Piin. Kp. ii. 1. Pan. 

A a»« p. 88. Aftf milea, aheaOd in- 16. ix. 88 ui.8S.zxUu 68. 

6 two •aaniaabBara to apMk into the nnndber 81. xxiv. 18. xxr. fi. 7. 17 ton ooinmitaloncr^ 

of frce-b«m men in all xxTi.36.xxxi»4&xxxii. to diatrihnte landa 
the aaarbrt towaa and 89. among the TOieraa anl- 

7 tw« naral eommla- riUagea, and enllat 13 Ave conaabaioaera, diers, Uv. xxxi.4. 

ai o aera lor the e<|alp- aach for aoldiera ai tomahe a diabibutioii. 
ping and reAttbig o/ had stiesfth enengh of the Punptinc lanila. 


all, however, choMn from the most respectable men of the etoie. 
Their office may in general be undentood from their titles. 


The provinces of the Roman people were at first governed by 
praetors,^ but afterwards by proconsuls and proprietors, to whom 
were joined quaestors and lieutenants. The usual name is pro- 
consul and PROP&BTOR ; but sometimes it is written pro ccngule 
and pro pratore^ in two words ; so likewise pro mueMore,^ 

Anciently those were called proconsuls, to whom the com- 
mand of consul was prolonged ' after their office was expired,* 
or who were invested witli consular authority, either nrom a 
subordinate rank, as Marcellus, after being prastor,' and Oellius^ 
or from a private station, as Scipio." This was occasioned by 
some public exigence, when the ordinary magistrates were not 
sufficient. The same was the case with propraston.^ The fint 
prooonsol mentioned by Livy, was T. Quinctius, A. U. 890. 
but he seems to have been appointed for the time. The fint to 
whom the consular power was prolonged, was Publilius.^ The 
name of proprastor was also given to a person whom a general 
left to command the army in his absence." 

The names of consul and proconsul, praBlor and pvoprsBtor, 
are sometimes confounded. And we find all governors of pro- 
vinces called by the general name of proconsular as of pnesides.'' 

The command of consul was prolonged, and proconsuls occa- 
sionally appointed by the Gomitia TVibnta, except in the case 
of Scipio, who was sent as proconsul into Spain by the Gomitia 
Genturiata.^ But after the empire was extended, and various 
countries reduced to the form of provinces, magistrates were 
regukurly sent from Rome to govern them, according to the 
Sempronian law,^ without any new appointment of the people. 
Only military command was conferred on them by the Comitia 

At first the provinces were annual, i. e. a proconsul had the 
government of a province only for one year; and the same 
person could not command difierent provinces. But this was 
violated in several instances ; especially in the case of Julius 
Gaesar.^* And it is remarkable that the timid compliance of 
Gicero with the ambitious views of Gassar, in granting him the 
continuation of his command, and money for the payment of his 
troops, with other immoderate and unconstitutional concessions, 

I «M «. 1M. 4S. s. 16. Aw. IQ. Sin. Cat. If. It cm p. 95. 

at. AMd. i, 4. V«nr. » n pralum, Llv.nSI. 8 Uv. I«. 4. 18 m« p. «. 

LIS. as. so. •SalLJii«. 86. 103. 14 Sa«i.JiU.0.a4.Cie. 

lapiriui proragA. 6 Cb. LMg. t. 90.nTi. 10 Swt. Am 8. 80. Far. i. 7. M* •. UL 

Inn. 18. nvairaS. 11 LW. k. St. nvi. 18. M. 

lir. vfH. B. Sk Is. 7 Ci& PUl.r. 10.Siifft. sik. lXus.S7. 


althoiirh he secretly condemned theni,^ prored fatal to himself, 
as well as to the republic 

The praeton cast lots for their proTinces,' or settled them by 
agreement,' in the same manner with the consuls. But some- 
times prorinees were determined to both by the senate or 
people. The senate fixed the extent and limits of the pro- 
TiDces, the number of soldiers to be maintained in them, and 
money to pay them ; likewise the retinue of the governors,' and 
tiieir trBTelling charges.' And thus the gOTemors were said 
OBiTAjii, i. e. inttrvi, to be Ihrnished. MThat was assigned them 
for the sake of household furniture, was called vasarium. So 
wua, furniture.^ 

A certain number of lieutenants was assigned to each procon- 
sul and propraetor, who were appointed usiudly by the senate, or 
with the permission of the senate by the proconsul himself who 
was then said aliquem sUn kffore, or yery rarely by an order of 
the people.' The number of lieutenants was different according 
to the rank of the goremor, or the extent of the pioyince? 
Thus, Cicero in Cilicia had four, CsMar in Gaul ten, and Pom- 
pey in Asia fifteen. The least number seems to have been 
three; Quintns, the brother of Cicero, had no more in Asia 

The office of a hgatus was very honourable ; and men of 
praetorian and consular dignity did not think it below them to 
bear it Thus Scipio Afirkanus served as legattu under his bro- 
ther LuduB.^^ 

The iegati were sometimes attended by lictors, as the senators 
were when absent from Rome, Jure Kberm legationis,^ but the 
person under whom they served, might deprive tliem of that 

In t^ retinue of a proconsul were comprehended his military 
ofiksen,^ and all his public and domestic attendants. Among 
these were young noblemen, who went with him to learn the 
art of war, and to see the method of conducting public business; 
who, on account of their intimacy, were called contubbriiales.'' 
From this retinue, under the republic, women were excluded, 
but not so under Uie emperon.'^ 

A proconsul set out for his prorinoe with great pomp. Hav- 
ing oifered up vows in the Capitol,'^ dressed in his military 
robe," with twelve lictors going bdbre him, carr3ring the fasces 
and secures, and with the other ensigns of command, he went 

M. ft lUk xlT. lA, 17. 9 Cie. Phil. it. 1«. H. 10. 

i. 7. Alt. U. B «o«lutM rel oohon. 10 Ge. Q. fr. L 1. 8. j5 Cte. CaU SO. Maae. 

6 Tiatieaa* 11 Lit. znvii. 1. Ac II. 

7 Cle. Ball. IL IS. Pli. GelL Ir. 18. 16 Tbc Aaa. 01. SI. 84, 
U. Ur, 1. 8C is M* p. 17. SMt. OeU 81. 

8 Cic Pm. L 7. ilLU. 18 Ut. uis. 9. Cie. 17 tMIs ia nyllflllv 
iviL HL waAr. Vat. 18. Nn. Att. ri. Fan. slL 80. nueupatla. 
r.88.xsnr)i.l. 8. 14 pnrfactl, Cic Verr. 18 paladalM. 


oat of the eity with all his retinue. From thenoe he either went 
straightway to the province, or if he was detained by business, 
by the interposition of the tribunes, or by bad omens,* he staid 
for some time without the city, for be could not be within it 
while invested with military command. His friends, and some- 
times the other citizens, out of respect^ accompanied him ' for 
some space out of the city with their good wishes. When he 
reached the province, he sent notice of his arrival to his prede- 
cessor, that, by an interview with him, he might know the state 
of the province; for his command commenced on the day of his 
arrival; and by the cornelian law, the former proconsul was 
obliged to depart within thirty days after.' 

A proconsul in his province haa both judicial authority and 
military command.* He used so to divide the year, that he 
usually devoted the summer to military affairs, or going through 
the province, and the winter to the administration of justice.* 
He administered justice much in the same way with the p»tor 
at Rome, according to the laws which had been prescribed to 
the prorince when first subdued, or according to the regulations 
whidi had afterwards been made concerning it by the senate or 
people at Rome ; or finally according to his own edicts^ which 
tie published in the province concerning every tiling of impor- 
tance.' These, if he borrowed them from others, were called 
TRANSLATiTiA Tol TrcUotitia T. 'icia ; if not, noya. He always 
published a general edict before he entered on his government, 
as the prsBtor did at Rome. 

The proconsul held assises or courts of justice,' in the princi- 
pal cities of the province, so that he miffht go round the whole 
province in a year. He himself judged in all public and im- 
portant causes; but matters of less consequence he referred to 
his quaestor or lieutenants, and also to others.^ 

The proconsul summoned these meetings' by an edict on a 
certain day, when such as had causes to Be determined should 

The provinces were divided Into so many districts, called 
coNTXNTUS, or circttiCs," the inhabitants of which went to a cer- 
tain city to get their causes determined, and to obtain justice.^ 
Thus Spain was dirided into seven circuits." 

The proconsul chose usually twenty of the most respectable 
men of the province, who sat with him in council,*^ and were 

1 Plat. CramL Cie. Dir. 6 Cic Att. t'.. I. eilqac foram, &c. r«i. ftc. rimwvfet 

L 18. U. S>. Fior. UL IL 7 fonui vel conv«ntna 11 p«yM«, Plin. Epk x. i. tc«iit«r. ffunt pt«co» 

Dia xzsTlt. M. •*eb»t. IS dtMCBtanai et Jvrii tola ; In Jut meat 

8 eficti CUM pn»Mqae* 8 Cir. P|ae. SI. C«e. <ibtia»di mamm eonvc- m liiYiena. Hcbw, 

huitiir, LIv. xlU. 49. 17. Vnr. li IS. AlUr. aiaiwat. conventu df«vati«» 

%\r.t/i. SI. ad Q. tntr. L L 7. 19 la teBlefieonvmtn, tiuet. JvU 7. wroir' 

B Cic. Fan*. VS. 6. SocU Jnl. 7. PUa. iii. S. the Gm^kt f«t«, Cmt. tUL 4«. tor 

4 potMtaten v-1 Joris- 9 eAoveatut ladicvbat. ealM coBTcniiit ag*rn, arbea eireaaira, abi fai 

d irtiencm H imprnum. lO LKr. mi. C9. to thia at^^mm «y«t». ac ^pm' eaeraataa agrbaatsr. 

9 BeU 1. Cie. AtU T. U. VtrsU la thflacht tn al- fs- •». I" Act. Apott. 14 ^ni ci Incaaaittaada- 

Vcrr. ». 12. laA«« Aa. v. K8. iadi- six. 88. «tv«>« «yw nati uaUabuO. 



called his oonnciL' The prooonsal pmsed sentence aooording 
to the opinion of his council.* 

As the govemore of prorinces were prohibited from using any 
other language than the Latin, in the functions of their office, 
they w-ere always attended by interpreters. The judices were 
chosen differently in different places, according to the rank of 
the litigants^ and the nature of the cause.' 

The proconsul had the disposal* of the corn, of the taxes, 
and, in short, of every thing which pertained to the nroTince. 
Com giren to the proconsol by way of present^ was called hono- 


If a proconsul behared well he receired the highest honours/ 
as statues, temples^ brasen horses, &c.y which, tlurough flattery, 
used indeed to be erected of coarse to all governors, though 
erer so corrupt and oppressive. 

Festival days also used to be appointed; as in honour of 
Marcellns,^ in Sicily, and of Q. Mucius Scaevola,^ in Asia. 

If a governor did not behave well, he niifht afterwards be 
brought to his trial : — 1. for extortion," if he had made unjust 
exactions, or had even received presents. — iL for peculation y^** 
if he had embezzled the public money." — and, 3. for what was 
called crimen majkstatis, if he had betrayed his army or pro- 
vince to the enemy, or led the army ont of the province, and 
made war on any prince or stato wiuout the order of the people 
or the decree of the senate. 

Various laws were made to secure the just administration of 
the provinces, but these were insufficient to check the rapacity 
of the Boman magistrates. Hence the provinces were miserably 
oppressed by their exactions. Not only the avarice of the 
gorernor was to be gratified, but that of all his officers and de- 
pendents ; as his lieutenants, tribunes, prasfects, &c., and even of 
his freedmen and fiivourito slaveai^ 

The pretexts for exacting money were various. The towns 
and vimges through which the governors passed, were obliged, 
by the julun law, to supply them and their retinue with forage, 
and wood for firing. The wealthier cities paid large contribu- 
tions for being exempted from furnishing winter-quarters to the 
army. Thus the inhabitants of Cyprus alone paid yearly, on 
this account, 200 talento, or about 40,000/.^ 

Anciently a proconsul, when he had gained a victory, used to 
have golden crowns sent him not only from the different cities 

I eoamfioB, rouQiaii!, niUtarc, •dmltten, &c. 5 Cie. Pk.33. II henecealkd p«eal»* 

aM mmo r* * , •> r«aper»» t i» ooDsilii mtentU 6 Cie. An. v. 2). tnr, or depecuialor, 

Israc Maoee, e<«M- tbcnriL nraanncUrit, 7 M«rc«lleA, •orum. Ak. Cle. Verr. i. 1. 

Hm «0RW«, tn com). &e. 8 Mae««, Clc Verr. ii. U Jur. tKL S7— 130. 

fiaa ^dv«e««, mUA- 8 Val. Max. !L t. i. 81.10. IS. 13 Cic. AtU r. tU v. 

brn; laconsilie •■••. Cie. V«rr. il 18, 19. 17. 9 rvMtnndarva, PUn. 16. 

•lieHa, —Mm, k». iil. 87. Fuh sllL M. Kp. Ir. 0, 

tier* , U coanUaiB Im, 4 ovatlOi 10 pacoUtas. 

M 2 


of his own proTinoe, bat also ftom the neighboariDg rtatos^ whkti 
were carried before him in his triumph.* Afterwards the cities 
of the province, instead of sendingr crowns, paid money on this 
account) which was called aubum coromariuh, and was sometimes 
exacted as a tribute.* 

A proconsul, when the annual term of his government wsis 
elapsed, delivered up the province and army to his snocessor, if 
he areived in time, and left the province within thirty days: but 
first he was obliged to deposit, in two of the principal cities of 
his jurisdiction, an account of the money which had nassed 
through his own or his officers* hands, stated and balanced.' If 
his successor did not arrive, he nevertheless departed, leaving 
his lieutenant, or more frequently his quaestor, to command in 
the province.* 

When a proconsul returned to Rome, he entered the city as 
a private person, unless he claimed a triumph ; in which case he 
did not enter the city, but gave an account of his exploits to the 
senate assembled in the temple of Bellona^ or in some other 
temple without the city.' In the meantime, he usually waited 
near the city till the matter was determined, whence he was said 
ad urban tssef and' retained the title of iiirBRAroR, which his 
soldiers had given him upon his victory, with the badges of com- 
mand, his lictors and fasces, &c Appian says that in his time 
no one was called imperator, unless 10,000 of the enemy had 
been slain.' When any one had pretensions to a triumph, his 
fasces were always wreathed with laurel, as the letters were 
which he sent to the senate oonoeminff his victory. Sometimes, 
when the matter was long of being cTetermined, he retired to 
some distance from Rome." If he obtained a triumph, a bill 
was proposed to the people that he should have military com- 
mand ' on the day of his triumph, for without this no one could 
have military command within the city. Then he was obliged 
by the JutuN law, witliin thirty days, to sive in to the treasurv 
an exact copy of die accounts which he had left in the province.'' 
At the same time he recommended those who deserved public 
rewards for their services.** 

What has been said concerning a proconsul, took place with 
respect to a proprastor; unless Uuit a proconsul had twelve lic- 
tors, and a propraetor only six. The army and retinue of the 
one were likewise commonly greater than that of the other. 
The provinces to which proconsuls were sent^ were called pro- 
C0N8ULABE8 ; propractors, frstoria.*' 

1 Lir. xnrii. M. tiir, ratioiiM eoiir«elM 6SaIl.C»U80. 10 caadem rfttioncf tea- 

xuviii. 37. 14. xuix. at concoUdatM diti«- 7 B«U. Civ. ti. p. 455. dan Terblf reftmi «d 

». 7. ». xl. 43. Dm. mt*. Gic ITm. t. SB. 8 Ctc. Faa. ii. 15. Att. variiiB,C«e. 
xliL 49. 4 Cir. Faou it. lb. Atl. vil. 15. x. 10. Pit. 17. 1 i in baaafldfaL ad i 

% i'At, Pit. 37. vL ft, 0. 9 at a( iapcriaoi asaal, riaai daoilii, Ck. Md. 

S apid doaa drttataa, 5 Ut. Ki. 6S. xaavL Linxhr. 8».Oe.Att. Arek.i. 

v&dcrco- 45. DiA. xUx. Ub iv. 16. IS Diu. lilL 14. 



AvQUtTut made a new partition of the proTinoea. Thoae which 
were peaceable and le« expoted to an enemy, he left to the 
management of the senate and people ; but of such as were more 
>tron||r^ and open to hostile InTasions, and where, of course, it 
was necessary to support greater armies, he undertook the 
government himself.^ This he did under pretext of easing the 
senate and people of the trouble, but in reality to increase his 
own power, by assuming the command of the army entirely to 

The proTinces under the direction of the senate and people,' 
St first were Africa propria, or the territories of Carthage, 
Nuraidia, Cyrene, Asia, (which, when put for a proTince, com- 
prehended only the countries along the Propontis and the 
aean sea, namely, Phrygia, Mysia, Caria, Lydia,) Bithynia 
Pontos^ Grscia and ^pirus, ])almatia, Macedonia, Sidlia, 
Sardinia, Greta, and Hispania Bcetica.' 

The proTinoes of the emperor * were HinMUiia Tarraronensis 
and Lusitania, Gallia, Gosiosyria, Phoenicia, Cilicia, Cyprus, 
JRgj^XiOB, to which others were afterwards added. But the con- 
dition of these proYinpes was often changed ; so that they were 
transferred from the senate and people to the emperor, and the 
contrary. The proTinees of the emperor seem to hare been in 
a better state than those of the senate and people.* 

The magistrates sent to goTom the provinces of the senate and 
people were called procohsolss, although sometimes only of 
pnetorian rank.' The senate appointed them by lot' out of 
those who had borne a magistracy in the city at least five years 
before.^ They had the same badges of authority as the procon- 
suls had formerly; but they had only a civil power,' and no 
military command,^' nor disposal of the taxes. The taxes were 
collected, and the soldiers m their provinces commanded by 
officers appointed by Augustus. Their authority lasted only for 
one year, and they left the province immediately when a suo 
cesser was sent^^ 

Those whom the emperor sent to command his provinces 
were called lboati ccsabis pro conguUy proprtBtoreSf vel pro 
prmtort^ coruuiareg legati, coruuiare$ rectores, or simply consu^ 
Um9 and legati,^ also prandes, prafecti, correctores, kc 

The governor of Egypt was usually called prafectus, or pra^ 

1 ngndM IpM mac*- lUI. IS. 6 Dio. ItiL 18. tio. 

pit. SmC Aaf . 47. 4 i»n>Tiweh» impwat o r te, 7 ■••rtitomittcfaaat. 10 inperlmin. 

2 proTinei* Mnttovia t*1 CaMran. 8 Sa«t. Aug. b6. Vmb. 11 Oio. ibid. 

et p«l«krai Td pttbti- 5 Uio. Ifii. IS. lir. 4. 8. 4. Plin. Kp. ii. 1& IXew IS Uio. liii. 18. SoM. 

e*- Stnb. xvii. fin. Tae. liii. 14. Tib. SS. 41. Vesp. 4. Ik 

8 Cic. FUe. 27. Dio. Au. L 7C 9 petnUa wl jariidie> Tae. Hut. iL 97. 

M 3 


fectm Avgtutali9,^ and was the first imperatorial legate thatwai 

There was said to be an ancient prediction concerning Egypt, 
that it would recover its liberty when the Roman fasces uid 
prfetexta should come to it.' Augustus, artfully converting this 
to his own purpose, claimed that province to himself, and, dis- 
charging a senator from going to it without permission,' he sent 
thither a governor of equestrian rank, without the usual ensigns 
of authority.^ To him was joined a person to assist in adminis- 
tering justice, called juridicus ALBXANDBiKJt civitatis.* 

The first prefect of Egypt was Cornelius Gallus, celebrated 
by Viryril in his last eclogue, and by Ovid.' 

The legates of the emperor were chosen from amonig the sena- 
tors, but the praefect of £gypt only from tlie equites.^ Tiberius 
gave that charge to one of his ftvedmen. The leeati Csesaris 
wore a military dress and a sword, and were attended by soldiers 
instead of lictors. They had much sreater powers than the pro- 
consuls, and continued in command during the pleasure of the 

In each province^ besides the governor^ there was an officer 
called PROCURATOR casaris," or curatory and in later times ralio' 
neUis, who managed the affairs of the revenue^" and also had a 
. judicial power in matters that concerned the revenne, whence 
that office was called procuratio amplissimtu^ These procura- 
tors were chosen from among the equites, and sometimes from 
fr^edmen. They were sent not only into the provinces of the 
emperor, hut also into those of the senate and people.^ 

Sometimes a procurator discharged the office of a governor,^' 
especially in a small province, or in a part of a large province, 
where the governor could not be present; as Pontius Pilate 
did, who was procurator or praspositus^* of Judea, which was 
annexed to the province of Syria. Hence he had the power of 
punishing capitally, which the procuratores did not usually pos- 

To all these magistrates and officers Au^tus appointed dif- 
ferent salaries, according to their respective dignity.*' Those 
who received SOO sestertia were callea ducbnaru ; 100, ckhtb- 
ifARii ; 60, srxagrnarii, &c.'' A certain sum was given them 
for mules and tents ; which used formerly to be affi^raed at the 
public expense." 

All these alterations and arrangements were made in appear- 
ance by public authority, but in fact by the will of Augustus. 

1 Swt.VMp.a.Dlmt. 6 An. I. 15. S9. hone 9 TM.Agrib IS. Intar. 

SCicFan L 7. Tnb. ]»iainm Agyptni Ho- 10 attlrMfiwIcBnbat: 14 SncC V«ip. 4. 

Pttll. jfCmlU namunjadiorailubvit, pabfieoa mdiHu eolU. 1< Tie. Am. iv. 15. sU 

i Dm. li. 17. Batr. vil. 7- SmC. Auf. Rd»t M erofcbat. SS. sy. 44. 

« T«c. Ann.ILf9.SBBt. Ww Oio. li. 17. 11 Swt. Cbad. 18. 16IKa.BH.15. 

Tib. 53. 7 TkcsiLfiO. Dm. EH. Oalb. 19. 17 Gapitoiln. fa PattS- 

5 PandM-t. i hmm*»»*mtt 13. 18 Dio. In. 2B. lili. 19. nM. e. S. 

Sirak sTu. p. 797. 8 Dta. liS. 13. Iviii. 19. 13 vica pmajdb Awga- 18 Saet. Aaf. Stl 

SB-KSTABLnmnBT or HoirABCHr. 139 


Thb moDarcbial form of gOTomment established by Augustus. 
althoogh different in name and external appearance, in several 
respects resembled that which had prevailed under the kings. 
Both were partly hereditary, and partly elective. The choice 
of the kings depended on the senate and people at large ; that 
of the emperors, chiefly on the army. When the former abused 
their power they were eamelled ; the latter were often put to 
death ; but the interests of the army being separate from those 
of the state, occasioned the continuation of despotism. Accord- 
ing to FomponiuSy^ their rights were the same ; but the account 
of Dionysius and others is different.' 

Ae Augustus had become master of the repablic by force of 
arms^ he might have founded his right to govern it on that basis, 
ns his grand uncle and father by Moption, Julius Caesar, had 
done. But the apprehension he always entertained of Caesar's 
fate made him pursue a quite different course. The dreadful 
destmction of the civil wan, and the savage ^cruelty of the Tri- 
umviri, had cut off all the keenest supporters of liberty,' and 
had so humbled the spirit of the Romans, that thev were willing 
to submit to any form of government rather than hazard a repe- 
tition of former calamities.^ The empire was now so widely 
extended, the number of those who had a right to vote in the 
legislative assemblies so great> (the Romans having never em- 
ployed the modem meth<^ of diminishing that number by re- 
presentation,) and the morals of the people so corrupt, that a 
republican form of government was no longer fitted to conduct 
so unwieldy a machine. The vast intermixture of inhabitants 
whidi composed tlie capital, and the numerous armies requisite 
to keep the provinces in subjection, could no longer be con- 
trolled but by the power of one. Had Augustus possessed the 
magnanimity and wisdom to lay himself and his successors under 
proper restraints against the abuse of power, his descendants 
might have long enjoyed that exalted station to which his won- 
derful good fortune, and the abilities of others had raised him. 
Had he, agreeably to his repeated declarations, wished for com- 
mand only to promote the happiness of his fellow-citizens, he 
would have aimed at no more power than was necessary for that 
purpose. But the lust of dominion, although artfully disguised, 
appears to have been the ruling passion of his mind.^ 

tjpon his return to Rome, atlter the conquest of Egypt, and 

1 da oriciM i»rfc, D. L S m« |i. M. fum wteni et wricn- mntiMJiiM '■C'^T?*' 

i. 14. tmgm oanoi p^ S Tm. Ann. I. 8. Iom mriabwit, ib(d. Tm. Ann. i. 3, 3. 10. 

4 tnU tt pnncntU 5 tfutia twnMalu «•• 


the death of Antony and Cleopatra, A. U. 725, he is said to 
have seriously deliberated with nis two chief faTOurites, Agrippa 
and Maecenas, about resigning his power, and restoring the 
ancient form of government Agrippa advised him to do so, 
but Maecenas dissuaded him from it In the speeches whicli 
Dio Cassius makes them deliver on this occasion, the principal 
arguments for and against a popular and monarchial government 
are introduced. The advice of Maecenas previiiled.^ Augustus, 
however, in the following year, having corrected the abuses 
which had crept in during the civil .wars,' and having done 
several other popular acts, assembled the senate, and in a set 
speech pretended to restore every thing to them and to the peo- 
ple. But several members, who had been previously prepared, 
exclaimed against this proposal ; and the rest, either prompted 
Iiy opiuion or overawed by fear, all with one voice conjured 
nira to retain the command. Upon which, as if unequal to the 
load, he appeared to yield a reluctant compliance; and that 
only for ten years ; during which time, he might regulate the 
state of public afiairs ;" thus seeming to rule, as if by constraint, 
at the eai'nest desire of his fellow-citizens ; which gave his usur- 
pation the sanction of law. 

This farce he repeated at the end of every ten years ; but the 
second time, A. U. 730, he accepted the government only for 
five years, saying that ttiis space of time was then sufficient, and 
when it was elapsed, for five year^ more ; but after that, always 
tor ten years.^ He died in the firot year of the fifth decetmhtm, 
the 1 9th of August,* A. U. 767, aged near 76 years, having ruled 
alone near 44 years. The succeeding emperors, although at 
their accession tliey received the empire for life, yet at the be- 
ginning of every ten years used to hold a festival, as if to com- 
memorate the renewal of the empire.^ 

As the senate by their misconduct^ had occasioned the loss ot 
liberty, so by their servility to Augustus they established 
tyranny.^ Upon his feigned offer to resign the empire, they 
seem to have racked their invention to contrive new honours for 
him. To the names of imferator, ca-sar, and prince,' which 
they had formerly conferred, they aidded those of Augustus ^^ and 
Father of his Cotadry?^ This title had been first given to 
Cicero by the senate, aflter his suppression of Catiline's conspi- 
racy,^^ by the advice of Cato, or of Catulus, as Cicero himself 

1 Plo, liL 4}. fsonmls. wnatora, and 10 rwitraodva v. •sbt- 11 pater patrUi, Smmi. 

H SaaC. Aug. 8S. Rnrnan kal^ta, c«n' Ih, abaognr, qaaal in- <8. Gv. Faat H. 1S7. 

S raoipablicKBi ordlna. taadad witii tatulation, angorauia val oanaa* Foat. U. flL «1U IVlaU 

m- wbo thoald ba tba iritBt ; ideooaa Oiia Iv. 4. 18, Itt. 

4 Dio. Itil. 16. 46. St. nwat willing alaraa^ cants: ealta divine ar> IS Rornn patrem patria 

12. It 6. ■• Taeitua aaf • upon ficirndaa, e»^a«rat, Cicnronan lilien dtilt, 

5 xtT. Kill. Sept. Um MMsaion of Tiba> Paaa. iti. 11. val ab Jur. vilL 844. Plb. tu. 

C Dio. liii. 10. rtu», Ann. i. 7. augee; qnam ana J«< 80. 

7 sMp-llfi. 9 princcpa atrnvtaa, pilar raget o|)4. Or. 

B toere in MrntHlea Dio. xltti. 41. slvi. 47. Vaati.STS. Saet. Aug. 

^tutulea, pa:rea, squeii, liH. 1. 7. Dio,- liii. IlL 

m»-MT>WiMiniMrr or hohabcht. HI 

My&^ ft HM next decf«ed lo JoUnt G«ar,' tad wme of hit 
coins are still exUnt with that iiucriptioD. Cicero propoeed 
that it should be j^ren to Augustus^ when yet very youog. It 
was refused by Tiberius, as abo the title of iMPaaAToa, aod no- 
MiN U8^ bat most of the succeeding emperois accepted it' 

The title of patbe fatiob denoiea chiefly the paternal affec- 
tion which it became the emperors to entertain towards their 
subjects; and aiso that power which, by the Roman law, a 
father had over his children/ 

Cm9ar was properly a family title. According to Dio. it also 
denoted power.' In later times, it signified the penon deitined 
to succeed to the empire, or swumed into a share of the gorem- 
ment during the life of the emperor, who himself was alwsys 
called AuevsTus, which was a title of splendour and dignity, not 
of power.' 

Augustus is said to have first desired the name of bohdlus, 
that he might be considered as a second founder of the city ; 
but perceiving that thus he should be suspected of aiming at 
sovereignty, he dropped all thoughts of it» and accepted the title 
of AueusTus, the proposer of which in the senate wss Mnnatins 
PlaacuB. Servius says^ that Virgil, in allusion to this desire of 
Augustus, describes him under the name of quikdivs.^ 

llie chief title which denoted command was impbratob. Bv 
this the successors of Augustus were peculisrly distinguished. 
It was equivalent to rbz. In modem tunes it is reckoned supe* 
rior.' llie title of imperator, however, continued to be con- 
ferred on victorious generals as formerly; but chiefly on the 
emperors themselves, as all generals were supposed to act under 
their auspices.' Under the republic the appellation of impera- 
tor was put after the name ; m cicsao imfbiiator ; ^^ but the title 
of the emperors usually before, as a prmnomen,^^ Thus, the fol- 
lowing words are inscribed on an ancient stone, found at An* 
cyra, now Angouri," in Asia Minor: — ^imp. ckbar nivi r. Ave* 
PONT. MAX. cos. xiy. IMP. XX. TBDuicic. POTBT. xxxviii. — The em- 
peror CsBssr, the adopted son of (Julius Csesar, called) Divas 
(after his deification) ; Augustus the high-priest, (an office which 
he assumed after the deiSh of Lepidns, A. U. 741), fourteen 
times consul, twenty times (saluted) imperator, (on account of 
his victories. Dio says he obtained this honour in all 31 timest 
Thus Tacitus, Namien iMPBUAToais semel atque vicie* paTttan\ in 
the 38th year of his tribunician power, (mm the time when he 
was first invested with it by the senate, A. U. 7S4) " So that 
this inscription was made above &f% years before his death. 

1 AMh a. Cr. B. 43L 4 Dio. Kit. 18« S«a. T Dio. UiL \%, SoM. OrTTriiU B. MS. 

Plot. Cic. Pfa.8. CIm. L 14. Ao<. 7. VolL IL 91. 10 Ck. Kb. |mhI^ 

S Soal.7«,Oto.syv.4. • Dio. lUd. slHl. 44. Vir^ Mm, V. Vt. Q. U SMl.Tib.98b 

S PhU. slii. 11. Swi. Soot. Oilb. L tti. V. » In kpido AoerraM 

tk S7.ay.Di«.lTBLS. 6 Spwi. JUSo Vore. S. B Dlo.KmL44. UK. 17. 1« Db. li. IS. 10. 41 IMo.Bl.18. 9 M«r. 04. hr. U M. ttv. S7. Ite. Aob. L a 

142 AOMAH AHTigUlTin. 


The night after desar was called AuausTVSy the Tiber hap- 
pened to orerflovr its banks, so as to render all the level parts of 
Rome naiigable, to which Horace is supposed to allude.' Thia 
event was thought to prognosticate his future greatness. Among 
the various expressions of flattery then used to the emperor, that 
if Pacuvius, a tribune of the commons, was remarkable ; who 
in the senate devoted himself to Ciesar, after the manner of the 
Spaniards and Gauls,' and exhorted the rest of the senators to 
do the same. Being checked by Augustus, he rushed forth to 
the people, and compelled many to follow his example. Whence 
it became a custom for the senators, when they congratulated 
any emperor on his accession to the empire, to say, (hat they 
were devoted to his service.^ 

Macrobius informs us, that it was by means of this tribune * 
that an order of the people ^ was made, appoint! ug the month 
SexiiUi to be called august.^ 

The titles given to Justinian in the Corpus Juris are, in the 
Institutes, sacratissihus prwcbpb, and impbratoria majestas ; in 
the Pandects, noMiinjs nostbr sACRAvissnivs princeps ; and the 
same in the Codex, with this addition, fbrpbtuds auoustcs. 

The powers conferred on Augustus as emperor were, to levy 
armies, to raise money, to undertake wars, to make peace, to 
command all the forces of the republic, to have tlie power of 
lite and death within as well as without the city; and to do 
every thing else which the consuls and others invested with 
supreme command had a right to do.' 

In the year of the city 731, the senate decreed that Augustus 
should be always proconsul, even within the city ; and in the 
provinces should enjoy greater authority than the ordinary pro- 
consuls. Accordingly, he imposed taxes on the provinces, re- 
warded and punished them as they had favoured or opposed his 
cause, and prescribed such regulations to them as he himself 
thought proper.^ 

In the year 735, it was decreed, that he should always enjoy 
consular power, with twelve lictors, and sit on a curule chair 
between tne consuls. The senators at the same time requested 
that he would undertake the rectifying of all abuses, and enact 
what laws he thought proper ; offering to swear that they would 
obeerve them, whatever they should be. This Augustus dedined, 
well knowii^, says Dio, that they would perform what they cor- 
dially decreed without an oath ; but not the contrary, although 
they Dound themselves by a thousand oaths.' 

The multiplying of oaths always renders them less sacred, 
and nothing is more pernicious to morals, than the too frequent 

1 Od. i. t. doi im aO. OalU UUS3. ValUMax. Wm regpnto. 8 Die. Ittt 9L llr. t. % 

Tae. Aan. i. 78. U.«. 11. S uicbiKUnin. ». 

t dMMM il i Midvtof S Dto. ibid. o S«u I. IS. » ]X«. ttv. 10. 

ftpp«UMt, Cb«. IML 4 Pwavio uttaao pk* 7 Olo. Utt. If. 


exBctioo of oatbi by public authority, without a nocetsary cauM« 
Ufy informs us^ that the sanctity of an oath ^ had mow influ- 
ence with the ancient Romans than the fear of laws and punish* 
meots.' lliey did not, he says, as in aftertime^, when a neglect 
of leiigion prevailed, by interpretations adapt an oath ana the 
laws to themselres^ but conformed every one his own conduct to 

Although few of the emperors accepted the title of censor,^ 
jet all of them in part exercised the rights of that office, as also 
those of pontifex maximus and tribune of the commons. 

The empennrs were freed from the obligation of the laws,' so 
thst they might do what they pleased. Some, however, under- 
stand this only of certain laws: for Augustus afterwards re- 
2 nested of the senate, that be might be freed from the Vooonian 
iWy but a person was said to be legibus sohdiu who was freed 
only from one law.' 

On the first of January, every year, the senate and people 
renewed their oath of allegiance^ or, as it was expressed, con- 
firmed the acts of the emperors by an oath ; which custom was 
first introduced by the triumviri, after the death of Cassar, re- 
peated to Augustus, and always continued under the succeeding 
emperors. Iliey not only swore that they approved of what 
the emperors had done, but that they would in like manner 
confirm whatever they should do. In this oath the acts of the 
preceding emperors, who were approved of, were included : and 
the acts of such as were not approved of were omitted, as of 
Tiberlu8» of Caligula, && Claudius would not allow any one 
to swear to his acts^^ but not only ordered others to swear lo the 
acts of Augustus, but swore to them also himself.' 

It was usual to swear by the genius, the fortune, or safety of 
the emperor, which was first decreed in honour of Julius Csesar, 
and commonly observed, so likewise by that of Aogrustus, even 
after his death. To violate this oath was esteemed a heinous 
crime, and more severely punished than real perjury.^° It was 
reckoned a species of treason,^^ and punished by the bastinado, 
sometimes by cutting out the tongue.^ So that Minutius Felix 
justly says, " it is less haaardous for them to swear falsely by the 
genius of Jove, than by that of the emperor.''^ Tiberius prohibited 
any one from swearing by him, but yet men swore, not only by 
his fortune, but also by that of Sejanos. After the death of the 
litter, it was decreed that no oath should be made by any other 
but the emperor. Caligula ordained that to all oaths these 

1 fiteetJa^iBnadoa. 4 mm p. 119. Dia. xlrii. 18. U. SO. U najntatit. 

1 f rosiaM k^un et par- 5 Dio. liii.« p.llT. HH. 28. WiL b'. Iriii. 17. U D. xi'u^UI. OoihoftaA 

Buwa mmtu, Ur. t. C l«cibat Mlali. lis. 9. U. 4. ID. in loc 

SI. iUtf. 7 Ow. liii. 18. 28. IvL 10 Oio. xUt. 6. 50. Iri. 13 c 28. e*t iia<K. Etb* 

Lir. ii.3S.nL 80.xsii Sii. Cic. Phil, lu 13. 9. TaC Ano. i. ?3. Cod. iiida) tatini per J uv it 

01. Cic. OS*, iii. 30, 31, 8 is tcU ma jumre. W. 1, & li. 4. 41. Dig. geninai pejci v« qit .■ 

Foljb. r'uit. M, 9 Tm. Ann. k*i. 23. liL 2. 13. Tm- Ap. 18. tmgiM. 


words should be added : — Nsgus ms, Nsgas mros libbro* crabi* 
ORBi HABBO, QUAM CAiuM BT 80R0RB1 BJus, and that the womon 
should swear by his wife Drusilla,^ as he himself did, in his most 
public and solemn asseForations. So Claudius, by Livia.' 

In imitation of the temple and divine honours appointed by 
the triumviri to Julius Caesar, and confirmed by Augustus, altars 
were privately erected to Auj^ustus himself, at Rome,' and par- 
ticularly in the provinces; but he permitted no temple to be 
publicly oonsecrated to him, unlets in conjunction with the city, 
Home : augusto et ubbi boha ; and that only in the nrovinces ; 
for in the city they were strictly prohibited. After his death, 
they were very frequent.^ 

U was likewise decreed, in honour of Augustus, that when the 
priests offered up vows for the safety of the people and senate, 
they should do the same for him, so for the succeeding emper- 
ors, particularly at the beginning of the year, on ^he 3d of 
January; also, that, in all public and private entertainments, 
libations should be made to him wiUi wisnes for his safety, as to 
the Lares and other gods.' 

On public occasions, the emperors wore a crown and atrium* 
phal robe. They also used a particular badge, of having fire 
carried before them. Marcus Antoninus calls it a lamp^ proba- 
bly borrowed from the Persians.' Something similar seems to 
have been used by the magistrates of the municipal towns ; ' a 
pan of burning ooali^ or a portable hearth,^ in which incense 
was burned ; a perfumed stove.^ 

Dioclesian introduced the custom of kneeling to the emperors.'" 
Aurelius Victor says that Uie same thing was done to Caligula 
and Domitian.'^ 

Augustus, at first, used the powers conferred on him with 
ffreat moderation ; as indeed all the first eroperovB did in the 
beginning of their government ** In his lodging and equipage 
he differed little finom an ordinary citizen of distinguished raiuc, 
except being attended by his pratorian guards. But after he 
had gained the soldiers by donatives, the people by a distribu- 
tion of grain, and the whole body of citiiens by the sweetness of 
repose, he gradually increased his authority,^ and engrossed all 
the powers of the state. ^^ Such of the nobility as were most 
compliant^ were raised to wealth and preferment!. Having* 
the command of the army and treasury, he could do every thing. 
For although he pretended to separate his own revenues from 

1 IXa.lvlL8.M0. S fi. Ivi. «6. Tafi.Aiw.xiiL8.Hcn>. 4.S7,aB. 

IS. lis. 8. 9. n. 5 DIo. IL 10. Ik. SI. diu. L8. 8. U !«. 9. (.<. 18 Oio. Ivfi. 8. Ii>. 4. 

8 Dio. L •• iiiMt. G«L Vac Aaa. It. 17. xvl 7 pnuHBlmtilluBT.-aa. 13 insBrgar* MnUtim. 

8l.ClAii<Lll. 88. Ot. p. iL 6j7. 6 feeiM portaeUi*. 14 noaia Mnalaa, ■«- 

S Dio. xItU. 18. li. 80. Foot. iL 3. alt Hor. 9 Uor. fiat. L 4. 88. ^tratBua, ^tgam ia 

Virg.Bel.L7.Hor.Bp. Od.fT.8.88i 10 adanri m Janlt, aa traaaftera, Tac Aa. 

IL 1. 18. Or. F. 1. 18. 8 t. IT. Xaa. Grr. tiIL aaai aataaan eaaeti aa> L 8. 

4 Tac Ana. L 11. 78. iiL a, 815. Aaaiiaa. lMtar«Btair,&itr. Iz. 18. If qoaata aoSa aarrUia 

iv. 37. Soal. 88. DIa. axIlL 8. Ma. U. 88. 11 CM.e. sa Oio. Is. pfMiplior. 


thofe of the rtaie, yet both were difpoeed of equally at hii 

The long reign and artful conduct of Augustus so habituated 
the Romans to sabjeetiony that they never afterwards so much 
as made one general effort to regaui their liberty, nor even to 
mitigate the rigour of tyranny; in consequence of which, their 
character became more and more degenerate. After being de- 
priTed of the right of voting, they lost all concern about public 
affairs ; and were only anxious, says Juvenal, about two things, 
bread and games.' Hence, from this period their history is less 
interestiog, and, as Dio observes, less authentic ; because, when 
every thing was done by the will of the prince, or of his favour- 
ites and fieedmen, the springs of action were less known than 
under the republic' It is surprising that^ though the Romans 
at diflerent times were governed by princes of Uie most excel- 
lent dispositions, and of the soundest judgment, who had seen 
the woful eflects of wicked men being invested with unlimited 
power, yet none of them seem ever to have thought of new- 
modelling the government, and of providing an effectual check 
against the future commission of Similar enormities. Whether 
they thought it impracticable, or wished to transmit to their 
•uooesson, unimpaired, the same powers which they had re- 
ceived ; or from what other cause, we know not It is at least 
certain that no history of any people shows more clearly the 
pernicious effects of an arbitrary ana elective monarchy, on the 
character and happiness of both prince and people, tlian that of 
the ancient Romans. Their change of government was, indeed, 
the natural consequence of that success with which their lust of 
conquest was attended ; for the force employed to enslave other 
nations, being turned against themselves, served at first to ac- 
complish and afterivards to perpetuate their own servitude. And 
it is remarkable, that the nobility of Rome, whose rapacity and 
fxnrmption had so much contributed to the loss of liberty, were 
the principal sufferers by this change ; for on them those savage 
monsters who succeeded Augustus chiefly exercised their cruelty, 
llie bulk of the people, and particularly the provinces, were not 
more oppressed than they had been under the republic.^ 


Tkb public servants ' of the magistrates were called by the com- 

I Dte. liiL 1&, poipaUaM iaparle ob MUbBahiMnl, wmrj pabHe macklntn* 

I Mnwr at CttCffMM, eOTtamiM poCmtiaB, or tke mbtM autkority vhil* (k« laws afl'oi4- 

L a. largfiMaa aad ataTariiiuB aiactttia- af Ika aaaata and pa*, ad a fatbia ravadj, 

apectaslas, iur. a. 80k. taum ; iavattda lagan pla ; a soda af geverik' diatariwd bj rlalanci^ 

3 Ma. Oil. IS. aaxiKo. qam ri, anM- aant lone diatraalad dafratad by latrigaa, 

4 tbw<lBdlaaahaarvaa, is, paatraaM peaania br ooaUnBoni anoag tad andanalafid by 
pMvlMlaillhua tarbabaatar. Aaa. i. 3. tba graat. aad ta tha brfhrry and aarf a| tlon. 
autaai abma- ~*Tba pravlncea ae< end i^adarad latolara< 5 uiiaiaui. 

^iaawd andarthaaaw bla by tka avwiee af 


moil name of appari tores,' because they were at hand to execute 
their commands,' and their service or attendance apparitio.' 
These were, 

I. ScRiBA, notaries or clerks who wrote out the public ac- 
counts, the laws^ and all the proceeding* of the magistratea. 
Those who exercised that office were said tcripttonfacere^ from 
scriptui, -49, They were denominated from the magistrates 
whom they attended ; thus, scriba qum9torit\ adUitUy prdstarif, 
&c., and were divided into different decuridB.^ It was deter- 
mined by lot what magistrate each of them shoidd attend. This 
office was more honourable among the Greeks than the fio- 
mans.' The scribm at Rome, however, were generally composed 
of free-born citizens ; and they became so respectable that their 
order is called by Cicero honestus,^ 

There were also actuarii or noiarii, who took down in short- 
hand what was said or done." These were different from the 
scriba, and were commonly slaves or freedmen. The xtUhb 
were also called librariu But Ubrarii ia usually put for those 
who transcribe books, for which purpose, the wealthy Romans* 
who had a taste for Uteraturcr, sometimes keot several slaves.'^ 

The method of writing short-hand is said to have been in- 
vented by Maecenas ; ac^irding to Isidore^ by Tiro, the favour- 
ite slave and freedman of Cicero." 

XL Pk&conbs, heralds or public criers, who were employed 
for various purposes : — 

1. In all public aasembliea they ordered silence," by saying, 
tii.BTB vel TACBTB ; and in sacred rites by a solemn form, fatbtr 
LiNoniB, ORB FAVBTB OMNBs. Houce, sAOftim tUenthonj for aUvt^ 
simum or maxitHunu OrefwaU, they are silent.^ 

2. in the Comitia they called Uie tribes and centuries to give 
their votes ; they pronounced the vote of each century ; they 
called out the names of those who were elected.'* When laws 
were to be passed, they recited them to the people.^ In trials, 
they summoned the judkeSf the persons accused, their accusers, 
and sometimes the witnesses. 

Sometimes heralds were employed to aummon the people to 
an assembly, and the senate to the senate-house ; also the sol- 
diers, when encamped, to hear their general make a speech.^ 

3. In sales by auction, they advertised them ; ^^ they stood by 
the spear, and called out what was offered. 

I liv. I. & Ml 79. Att. xil. 6. SaeU Dobl Ov. Am. Hi. 13. 29. 

8 quod iia ■ppanrbut. 7 Gc. C«t. tw. 7. Nep. la Nep. Att. IS. U Cie. V«n. v. 15. wtm 

L •. pftwio erant td Bui. 1. 11 laid, u SS. So. Bp. p. 78, 79L 

«b»^i«a. JMrr. VSrc. S wrod Mnm ifdai ta* 90. IMo. lr.7. » mm p. 71. 

it:ii. di. 800. baia niblkii, pwioH- 18 tUMUun indictitairt 16 mo p. <L liv. L S8 

8 Cic. Pan. siH. 54. la^M nwglrtnlMiB ▼*! faapwabwtt «. 58. iiLBfi. Iv.38. 

4 Mta. eeararitt«Mt»r, Ch. ■ugB, pnaeo, Iha po- 17 •aetiooan eoacl*> 

1.etn.Ti.9. ycrr.au78. nlo udi«aUMiSPlMt nabaat v«l prmlioa. 

drnirif 9 nolb neipiateM> Pen, pml. 11. haac. Plant. Man. Cie. 

man aerf. Saat. Jul. 56. 18 Her. Od. iL 18. 99. Varr. Ul.16.Off. ii . \X 

Oc Varr. 10 Dio. W, 1. Feat. Ck. iii. 1. Virg. Mm. t. 71. Har.A.P.419. aae p. 47. 


4h In the pablic ganies, they iuvited ttie people to Attend 
them; they ordered sJeYes ancl other improper perM>us to be 
vemoTod from them ; ' they proclaimed' the Wcton and crowned 
ifaem ;' they invited the people to see the secular games, which 
were oelebraled only once every 1 10 yean^ by a solemn form, 


5. In solemn funerals, at which games sometimes used to be 
exhibited/ they invited people to attend by a certain form ; ax- 
lagviAS CHBXHaTi, gnians bst commodum, irb jam tbmpus bst, 
0LU7S ■PFBBTUB.* Ueoce these fonerals were called vuHsaA iw- 
mcTiVA. The prmcmiet also nsed to give public notice wheu 
such a penoo oied ; thus, ollus quuiis lbto datus rst.' 

& In the infliction of capital punishment, they sometiniee 
signified the orders of the magistrate to the lictor ; Licvoa, viao 
forti ADDS vnoAS vr in xdm liob pn'imim agb.' 

7. When things were lost or stolen, they searched for them.' 

The office of a public crier, although not honoumble, uas 
profitable.'* They were generally freebom, and divided into 

Similar to the prmcones were those who collected the money 
bidden for jeoods at an auction from the purchaser, called coac- 
TORBs.^' l%ey were servants ^ of the money-brokers, who at- 
tended at the auctions : hence^ ooactianes argentariaa factUare^ 
to exercise the trade of such a coliectw.^' They seem also to 
have been employed by bankers to procure payment from debt- 
ors of every kind. But the ooHectors of the publie revenues 
Here likewise called coactorbs.'* 

IIL LiCTOBBs The lictors were instituted by Romulus, who 
borrowed them from Uie Etruscans. They are oommonlv sup- 
posed to have their name ^ from their binding the hands and 
legs of criminals before they were scourged.^' They carried on 
their shoulder rods^" bound with a thong in the form of a bun- 
dle," and an axe jutting out in the niidiUe of them. They went 
before all the greater magistrates, except tlie censors, one by 
one in a line. He who went foremost was called primus lictor ; 
he who went last, or next to the magistrate, was called proximus 
LICTOR, or po$treimu^ i. e. the chief lictor, wnmuu lictor, who 
used to reoeire and execute the commands of the magistrate. 

1 Cib B«tp. Hw. II. CkiMM, Mw U Uw 78. PMran. Aril. e. B7. l«a«U.sU.3. 

LU.ii.S7. tia«; be h kmght wbcn an aUus'WB >• IT Tbmfdmm:PluL 

* vnMetktaU mi ftr bvial, T«r. •anpond to be nuMie to Ac. il. S. ▼. 74 Ui. S. v. 

* C'w. Fm. t. It. PkMiM. T. 8.n. tlM eMtmn tbolUhwl ». rimiaffi iMON vir- 

* C«a« cad U >|«eU- 1 PmL Qalr. SmI. JaL bf Um iVhOkn Uw. faren, R^ 1. 1. 96. ral 
t«r« or (aaw. whkb bo M. 10 Jav. vii. ft. Ice. «« brtoU, Plin. sri. 18. 

•w hu atra, aor wiU 8 lAOmr, mAf tho rada 11 Hor. Sat. i. 6. 9L t. Ml.aM tbrif^ ^ 

w» aula, Swit. GUnd. to tUs autn of valoar, Cir. Cla. 84. 18 bac Hot Inro i.olli|«< 

3l<iror«dlaB.tiL& and on hiai lint «*• 11 laiaiairi. lot in latidan haei*. 

» ("■cLagg.ii.M oatn Um law. Lit. 18 Suet. Vea& 1. 19 Ut. siiv. 44.00. 

• Wboavar h— a mind ss«L 18, 16. U Cic. Bab. roat. 11. Frat. i. 1. 7. Div. i. «). 

M Mtand tht fiBMval et 9 Plant. More iti. 4. r. 15 a li(«ndo« Ut. i. H. Sail. Jng. IS. 

148 flOBlAN AMTigUITIBl. 

The office of the licton was, 

1. To remove the crowd,^ hy uyiDg, cboiti^ consvl vbrit : 


BITB8, or some such words,' whence the lictor is called tumsioior 
tuiitus. This sometimes occasioned a good deal of noise and 
bustle.' When the maffistrate retume^ome, a lictor knocked 
at the door with his rod^* which he also did when the magistarato 
went to any other house.' 

%, To see that proper respect was paid to the magistrates.^ 
What this respect was, Seneca informs us, namely, dismounting 
from horsebadc, uncovering the head, going out of the way^ and 
nlso rising up to them.' 

3. To inflict punishment on those who were condemned^ 
which they were ordered to do in various forms : i, lictor, col- 


BUM LBOB AOB, i. 0. secwi peTcutc^ vel feru^ 

The lictors were usually taken from the lowest of ih% common 
people, and often were the freedmen of him on whom they at- 
tended. They were different from the public slaves^ who waited 
on the magutrates." 

IV. AccRNsi. These seem to have had their name from 
summoning^" the people to an assembly, and those who had 
lawsuits to court.^^ One of them attended on the consul who 
had not the iasoes.^ Before the invention of clocks, one of 
them called out to the pra&tor in court when it was the third 
hour, or nine o'clock, before noon ; when it was mid-day, and 
the ninth hour, or three o'clock afternoon." They were com- 
monly the freedmen of the magistrate on whom they attended ; 
at least in ancient timen^* The accensi were also an order of 
soldiers, called guptmumerarii^ because not included in the 

V. ViATORBs. These were properly the officers who attended 
on the tribunes and aediles.*' Anciently they used to summon 
the senators from the country where they usually resided ; 
whence they had their name.^' 

VL GARNirBz. The public executioner or hangman, who 
executed ^ slaves^ and persons of the lowest rank ; for slaves 

1 ml larbui ramaOTC* 5 Plin. Ttt. 80.«. 81. blndl hla to yw ■«ak*. 10. ». 

iwnt, Ur. UL U. 48. 8 anlaudvertera nt d» lictor^ draw n««r, nt 13 Varr. L. L. r. B. 

viiL ML Hot. Od. it. bitM hesMiUradiUrc- raady Um hmU and FUbriUaa 

Mw 10. tar, Smt. Jul. 88. axes. Traat klm ae- 14 Cte. Frat. i. 1. 4. 

I aalcwitani* lletoram 7 Smi. bp.M.S«6t.Jul. oniUDg to law^Lir. \A Vrg.ii.19. AacOc. 

•ft WMMiiuwIaa clamor, 78. i. 8B. viL 7. SS. zztI. Vcrr. i. 2B. LIt. vUi.a. 

Pliii. Paa. 61. Lir. iL 8 Go, Uetor, biotf hit 18. 10. 

M.. _ anm ; wvar hia kaad; 8 Uv. U. SS. Oio. Vcrr. 10 Ur. Q. 56. ns. 88. 

8 Ut. alr.89.paadm. hang kim upon tlic {.». 17 quod uapa In via ••■ 

4 rara«, all aaa mt, gaUowa; acowca Ub 10 abawiieBdo., aeai. Cic Sa»i 18^ Co> 

Yirga p^rcMalt, Ut. wilhoaC (or wf thia) Uw 11 iajoa. luawlLPmr. 1. 

vUSk Poiaicriaai. Qo, Uctor, 18 Suat J«L SO. Liv. 18 rapplkto aflki 



•nil freedmen w«re punished in a manner diflerent from free- 
bom citizens.' The camifix was of servile condition, and held 
in sach contempt that he was not permitted to reside within the 
city, but lived without the Porta Metia, or Esquiiina^ near the 
place destined for the panishment of slaves,' called Sestertium^ 
where were erected crosses and gpbbets/ and where also the 
bodies of slaves were bumty or thrown out unburied ^ 

Some think that the cctmifex was anciently keeper of the 
prison under the trmmviri capiiales, who had only the sup(»r- 
intendence or care of it : hence tradere vel irahere adcamificem, 
to imprison.' 


Thx laws of any country are rules established by public authority 
and enforced by sanctions, to direct the conduct and secure the 
rigfats of its inhabitants.^ 

The laws of Rome were ordained by the people, upon the 
application of a magistrate.' 

The great foundation of Roman law or jurisprudence ' was 
that OMlection of laws called the law: or laws of the Twelve 
Tables^ compiled by the decemviri, and ratified by the people ;'' 
a work, in toe opinion of Cicero, superior to all the libraries of 
philosophers. '^ Nothing now remains of these laws, but scattered 

'The unsettled state of the Roman government, the extension 
of the empire, the increase of riches, and consequently of the 
number of crimes^ with various other circumstancesy gave oo 
casion to a great many new laws.^ 

At first Uiose ordinances only obtained the name of lairs, 
which were made by the Comitia Genturiata,*^ but afterwards 
those also which were made by the Comitia Tributa,'^ when they 
were made binding on the whole Roman people ; first by the 
Horatian law," and afterwards more precisely by the Publilian 
and Hortensian laws.^ 

The different laws are distinguished by the name^' of the 
persons who proposed them, and by the subject to which they 

Any order of the people was called lbx, whether it respected 

I Tw.AaB.KLW. 
SCh. Bdb. 5. PUal. 

PMad.I.8.v. W 
) jaxU loesai MrviG- 

n«« paaab trpimtmm, 

Tac Ana. xt. 60. & 

3i. Plat. OaibL 
• crosM ct pitibdbi, 

TMb Ann. %\r» SS« 
9 PlwtC«s. B.8^T.2. 

Hor. Kf, r. M. 
6 PlaaU Rod. ill. 9. t. 


7 In Jwti isjutbiae 
ragalt, S«a. Bca. IV. 
U. Isgm qiiid aifaid 
■ant qoaa minis miftU 
prMsrpU 1 Ep. 94. 

8 rogaat* nagistraki. 
Me p. 73, 7S. 

» RoRMi Juris, LIt. 
xxsir. 0. 

10 Mc p. 180. 

11 omniba* ouaiuai 

philosApkontm biUi- 
•tkacia anlcpoiMnduB, 
U corniBliwima rvpnb* 
lica pIuinuB ItgM, 
Tm. Ann. ill. S7. 

13 popollaeiu, T«c An, 

14 plcbiKlU. 

16 nt quod ti-ibaJtin pl*- 
bnt juMtBirt, papalum 

er wu ordarad bf »lwt 
eomnona collaetiTcIj 
abonld bind tha wl 
peopk, LIy. Hi. 06. 
16 at p 


u 3 

lanaret^^that wna'Ar- 

^niritaa lanarant,-lbat 
la ordan of tha eom- 
■ona dioaM bind all 
U>a RoRaaa, Uv. vlii. 
12. Kpit. si. Pfia. sTi. 
10. •. 15. UalLxT.87. 
17 noB6aA«ntia. 

150 aOMAR AHTlflVITlBBy 

the public,^ the right of private personSy' or the particular io- 
tereit of an individuaL But tbia laat was properly called 


The laws proposed by a consul were called coNsuLAaas, by a 
tribune, TaisuMiTU^ by the decemyiri, DBcamriaALEs/ 


Thb words Jus and Lex are used in yarioua senses. They are 
both expressed by the Engrllsh word law. 

Ju9 properly implies what is just and right in itself, or what 
irom any cause is binding upon us.' Lex is a written statute or 
ordinance.' Ju$ is properly what the law ordains, or the obli- 
gation which it imposes ; ^ or, according to the Twelve Tables, 


CAHiT, ID JUS BATUMguB BSTO.' 13 ut jus and lex have a different 
meaning, according to the words with which they are joined : 
thus, Jtu NATORJi rel KATvaALB, is what nature or right reason 
teaches to be right ; and jus obhtium, what all nations esteemed 
to be right : boUi commonly reckoned the same.' Jut civium 
▼el civiLB, is what the inhabitants of a particular country esteem 
to be right, either by nature, custom, or statute.^* When no 
word is added to restrict it, jus citilb is put for the civil law of 
the Romans. Cicero sometiroes opj^oses jus civile to jus naturale, 
and sometimes to what we call criminal law.^^ Jua commdnb, what 
is held to be right among men in general, or among the inha- 
bitants of any country.^ Jus publicum et pbiyatum, what is rig^t 
with respect to the people," or the public at large, and with re- 
spect to individuals ; political and civil law.^ But jus publicum 
is also put for the right which the dtioens in common enjoyed.^^ 
Jus SENAToaiuM,'' wfaat related to the rights and customs of the 
senate ; what was the power of those who might make a motion 
in the senate; ^^ what the privilege of those who delivered their 
opinion ; ^^ what the power of the magistrates, and the rights ot 
the rest of the members, &c^' Jus divinum et humarum, what is 

1 Jn pabUeoB ▼*! ■•• prapMituJaMW«,Lir. CIc. Lcff. L Ifi. H«r. IS C^ Cbe. H Dig. 

erua. lii. 84. val a dslectn, II. 13. Iiut. 

8 Jos priratBa t«1 el- Cie. Lsgc. L 8. a josto 6 Ut. tiI. 17. k- 88. 18 q«aat Ju popaH- 

~"" at Jura lagai' " ■"' 

Vila. at Jura wgando, i. a. Cie. 

8 QaU. s. 90. Am. Cio. aligando, from the 9 Cie. Scxt. 4S. Hw. 14 Ut. tiL 84. Gie. 

ail. ekuiea of what it Just mp. 14. F«m. It. 14. PlSa. Ifcp. 

4 CIs. SaxL 84b Roll, and right, ik ft. lax, 10 Cie. Top. S. GIT. Ill i. 88. 

U. 8. LiT. lii. Aft~^. jasloran injattwam. 16, 17. Or. i. 4a banoa Iftjaa caouaoiB, Tcr, 
8 etc. Oft. ilU 81. 4«a ditdnctio, Ibid, censtttnara Jaa, quo Khur, IL 8. 68. 

8 las, qaa >erlpto md> Uraco awmioa appel- onnea utantBr, Dom. 16 pan Jarw poliliei. 

cit, qabd rait, ant J a- lata m**^, a taaa cuW eai mfajaeti siut, Cac. 17 qaa potestaa rafb- 

baadw, aut ratiado, que Iribuendo. L 6. ae Ju» RoBaaaoi, A a* raotlbos, tae p. 10. 

Cie. L«ng. i. 0. a la* 7 aat anim Jai qaod las gliam, &e. 18 quid eaaaaatilKta 

gvado. qnod Icjrt Mlat, eoastitait, tlut U law, li jvs puMieam, Ctc. Jua. 

ut lauatawat, Varr. U or, that ii Undiaj 9nU 48. Varr- L 48. 19 Plla. Ep. viii 14. 

L. T. 7. legaia lagaa whkh tka bwordaiaa, Caein. 8. Cttcii. ft. 

lAWt <Uf TUB KOBANI. 151 

right wiUi respect to thingi diTine and human.' Jus phato- 
BiuMf what the edicts of the praBtor ordained to be right* Jum 

HOHOBAIUUII.' Jus nATIAIfVM, ALIANVM, &&, tho bookS Of kw 

composed by Flaviiis, ^ius, &c UsBAicuMy i. e. citilb priwUum, 
ex quo ju» dicit prdBior urbanus^ Jvm p&bdutobium, the law 
obaenred with respect to the goods ^ of those who were suretiM* 
for the farmers of the public revenues, or undertakers of the 
public wDrksy' which were pledged to the public," and sold, if 
the farmer or undertaker did not perform his bargain.' Hence 
PEjmiATOB^ a perM>n who laid out his money in purchasing 
these gootts, and who, of course, was well acquainted with what 
was right or wrong in such matters.^' Jut pbciaiiB, the law of 
vms or heraldry, or the form of proclaiming war.'' Jus lbgiti- 
MUH, the common or ordinary law, the same with jus civile^ but 
jus Uffitmum exigerey to demand one's legal right, or what is 
legally due." Jus conscbtudihis, what long use hath established, 
opposed to LBOB Jus or jus scripium^ statute or written law.'* 
Jvs povTiFiciuM Tel SAcauM, what is right with regard to religion 
snd sacred things, much the same with what was afterwards 
called ecdesiastical law.'^ So jus reHgionis, augurttm, cmremch 
niarum, CBUspidorum^ &c. Jus bblucvm toI bblli, what may be 
justly done to a state at war with us^ and to the conquered.'* 
JvBis disciplina, the knowledge of law." Snimosi juris, i. e. 
Jftrisprudentim, students in law. Consuiti, periH^ kc, lawyers." 
JjJKz et Ugibus, by common and statute law. So Horace, vir 
bonus est quis f Qut eonsuUa pairum, qui leges, joraque servat, 
&c. Jura dabat legesque virisJ^ But juba is often put for 
laws in general ; thus, nova jura condere. Juba inventa metu 
it/fusti fateare necesse est, civiea jura refpondere}^ Jus and 
sQuiTAs are distinguished, jtrs ondjustitia; jus civile and leges. 
So mquum et boman is opposed to callidum versutumque jus, an 
srtfnl interpretation of a written law. Summumjus, the rigour 
of the law, summa injuria,^ Summo jure agere, contendere, 
experiri, &c, to try the utmost stretch of law* Jus rel juba 
Quiritium, civium, &c.^ Juba sanguinis, cognationis, kc, ne- 

l LIt.L 18. vabs. 16. 1 sm f. lOS. 18 CIc Inv. B. ». M. uunMitioa, br «U«h 

Tac. An. lit. tS. 70. 4 Lir. U. 4«. Go. V«it. Ju dvH* eoiwUt aot inpanlty «ad » 

vi* V.liaQee,fii«etj». Act. i I. ax Miipt* got tio* tkm mr* glvw t« 

ra tfamt, laws dtvlM 5 poKlh r»l pmdU bo* Mripto, 1. 6. D. JiuU orlmu, I. i. 

wi ItMMH VIrg. Q. M. Am. Ci«; Jar. 18 Cie. Ugc. 1. ft. In- 

6 Cie. Lege. 1. ft. In- 
l«mg«atU,PbiL is.». 

L W9. contra jos tu- • pnadas. 14 Cie. Don. 11—14. 

(|w.SaU Cat. 19. Jaa 7 maDcipes. Lags. tt. 18, &c LW, iatarproUtio, Off. i.ll. 

{••^ua eiaaro, Toe. 8 publico obligaU vol i. wi; 17 Saat. Nar. ai OoU. 

Hitt. Ui. ft. ODina Jaa pignori opperita. 19 ('aM. BoU. O. I. 27. aii. 13. Cie. 

Mfiudalan. Cie. ^no 8 Cie. Baib. 80. V«rr. Cie. Off. i. II. Ui. 29. 18 Cie.Vor.i.4S.M,Hor. 

]«•, ^aava taJoHa, k 84. Vain. v. 80. Seat. Liv. i. 1. ▼. tt. hanea, Bp. i. lii. 48. Virg. 

rigkt «r trrang, Tar. A. Glaad. I». lagra lilaM later anna. An. i. MW. 

ia.«iparluatBafiu, 10 juria icadlatorii pa> lawa are ailant amidal 19 Ut. iii. 88. Her. 

Lin vl. 14. Jaa at bj*' litaa, Oe. Bal8. 88. ama, do. MIL 4. Ikrro Sat. L lii. HI. Ait. P. 

rtn. Salt Jag. 18. Jura Act. siL M. 17 . fee in arale, Lir. r 8. IK. 898 Kp. 1 . X. K8. 

wri^JM* emns, Stiat. 11 Cio. Off. i. 11. LIr. faeara Jaa anao, Lae. 88 Oo. Oft* i. 10. iil. 16. 

J*!' 7** L 8^. DL 821. vlii. 64S. ii. Vlrc it. 4S6. Phil. ia. 

t Cie. OK i. 10. Verr. 18 Cie. Denk 13,11. 1878« jnqao datnia 8. Cm. £8. 

>• *^ F4.V. rSi. 8. Kcierl, a aaceaaaral 81 aaa p. 88, fte. 


etfiUudOj V. juM neoesiitudima, relationthip.' Jus regni^ % rigbt 
to the crown ; honorumy to preferments ; quUms per frmtdem jug 
fuity power or aathority; jus batarus pubHca datum eH, a 
licence ; guibusfallere acfurarijua erat ; inju8 et ditionem vei 
potestaiem alicujui venire^ cancedere ; habere jua m ahquem ; sta 
juris esse ac mancipii, i. e. sui arbitrii et nemini parere, to be 
one's own master ; in controverso jure est, it is a point of law 
not fixed or determined.' . Jus dicere vel reddere, to adminisler 
justice. Dare jut gratia, to sacrifice justice to interest' Jus 
is also put for the place where justice is administered ; thus, in 
JUS KAMUs, L e. ad pratoris sellam ; injure, i. e. apudprmtorem, 
in court; dejure currere^ from court* 

Lex is often taken in the same general sense with jus : thus, 
Lex est recta ratio imperandi aique prokibendU, a tntminedearum 
tracta; juslorum inpistorumque distincHo; (Btemum guiddam, 
quod universum tmmdum regit ; consensio omnium gentium lex 
natura putanda eat; non scripta sed nata lex: sahts populi su- 
prema lex esto ; fimdameHtum libertatis, fons aquitatis, &&' 

Legbs is put, not only for tlie ordinances of tne Roman peo- 
ple, but for any established reffolations ; thus, of the free towns, 
LBOBs M uNiciPALBs, of the allied towns, of the provinces.' 

When LBX is put absolutely, the law of the Twelve Tables is 
meant ; as, lbob hareditas ad gentem Minuciam veniebat, ea ad 
has redibatiMQ^ hareditas^ that estate by law fell to them. 

Lboxs CBNSOEiJCy forms of leases or regulations made by the 
censors ; lkx mancipU vel memdpium, the form and condition <tf 
conveying property.^ 

liBflBs vmditionis vel venalium vendendorum, agrum vel do- 
mum p^ssidendi, &c., rules or conditions.' 

Lbgbs Jiistoria, poematum^ versuum, &c., rules observed in 
writing.^' Thus we say, the laws of history, of poetry, versify- 
ing, &C, and, in a similar sense, the laws of motion, magnetism, 
mechanics, &a 

In the Corpus Juris, lex is put for the Christian religion ; 
thus iiBX Christiana, cathoHca, venerabHis, sanctissima^ &c. 
But we in a similar sense use the word law for the Jewish reli- 
gion ; as the law and the gospel : or for the books of Moses ; 
as, the law and the prophks. 

Jus BOMANUM, or Roman law, was either written or unwritten 
law.^^ The several species which constituted the jus scriptum, 

1 9mC CaL 18. » Cie. Legg. Clo. 58. 9 Cic. Or. L ». Hor. Hm. t. 5. 10. In vita 

t Lit. i. 49. Ui. »S. Tm. 6 Cie. Fan. Tt. 18. V«r. Ep. ii. S. t. U. Imm, aw luti •am*. Olc. 

xiv. «. S*1L Jttg. S. il. 13.49, M. mmt*, Twdcm kfc rel l^w. 18. amlcgevte. 

Sm. Kp. 18. SMt1y«r. 7 Cie. V«rr. L 4«. Tar. UU laca, I. •. iA kae 1 wiU obwrra aiy rata, 

IS. Ck. Maer. i. 8. 97. eoaM«M val pacta, Ter. PImt. Ui. 8. ate. 

8 Ut. 6 2ie. Varr. t. 85. lii. 7. Sint. Ang. 21. M laga 10 Cio. Legg. i. 1. Or. 

ft Don. Trr. Pber. v. 7. Prov. Cob«. 8. Bab. t. a. ac sacto at aaii' ilL 40. 

43. 88. PiauU Rod. iii. i*»rd. 8. Ad Q. Fr. i. veatu. axiarat, Oe. At. 11 jm •cfiploa ant m 

6. 86. Men. iv. 8. 19. '3. Or. i. 89. OC iii. H S. kae laga at^ua acriptaa. 

CIc. Qiua. ». 18. oaiaa. Tar. A. 1. 8. US. 

LAWS or THB ROMAlCt. 153 

wer8^ lawi, innoperly so called, the decrees of the senate, Uie 
edicts or decisions of oiaipstrates, and the opinions or writings 
of lawyen. Unwritten few ^ comprehended natural equity and 
custom. Anciently JM scripittm only comprehended 'laws pro- 
perly so called.' All these are frequently enumerated or alluded 
to by Cicero, who calk them fontbs ^guiTATis.' 


Vabiovs authors hare endearonred to collect and arrange the 
'fragments of the Twelre Tables. Of these the most eminent is 

Aocordinff to his account, 

The X. table is supposed to hare treated of lawsuits ; the ii. of 
thefts and robberies ; in. of loans, and the right of creditors 
oTer their debtors ; ly. of the right of fethers of fiimilies ; ▼. of 
inheritances and guardianships ; vi. of property and possession ; 
Tii. of trespasses and daroares ; yul of estates in the country ; 
IX. of the common rights of the people ; x. of funerals, and all 
ceremonies relating to the dead ; xi. of the worship of the gods, 
and of religion ; xn. of marriages, and the right of husbands. 

Sereral ancient lawyers are said to have commented on these 
laws,* but their wofks are lost 

The fragments of the Twelre Tables hare been collected from 
various authon, many of them from Cicero. The laws are, in 
general, rery briefly expressed : thus, 

8l IN JUS VOCBT, ATQUB (1. O. itOtim) SAT. 

8i MSKBavM nupsiT (ruperit), vi cvm bo pacit {paciicUitr), 


Si valsum TUTiMonnnf dicassit (cUxerii) saxo dbjicitob. 

Pbitilboia ifB iBROOANTO ; sc magUtroku. 

Db capitb (dc vita, libertaUt etjure) civis Romahi, nisi per 
VAXiinnc cbhturiatum (per comitia centuriata) ne perumto. 

Quod postremum popvlus jvbsit, id jus ratum bsto. 

homikem mortuvh in urbb nb sbpklito, neye vrito. 

Ad divos adbunto caste : pietatem adribbnto, opes anovbrto. 
Qui secus faxit, devs ipse virdex erit. 

Fbriis jvrgia amovbrto. £x patriis ritbus optima colurto. 

Pkrjurii pocra diyira, BXiTum ; HUMARA, dedecus. 

Inputs re avdbto placarb doris iram dborum. 

Nbquis aorum corsecrato, aubi, argbrti, bboris sacbaroi 


The mo6t important particulars in the fragments of the 
Twelve Tables come naturally to be mentioned and explained 
elsewhere in rarious places. 

1 )«• aoB Mrifltm. S Tm. $. fte. R«r. ii. 4 Jacotet (i«lhofr»- i Oie. L«u. tt. 
9Dig.0rii.JVi^ U. Au. Plin.slv.ll. 


After the publication of the Twelve Tables, every one un- 
derstood what was his right^ but did not know the way to obtain 
it For this they depended on the assistance of their patrons. 

From the Twelve Tables were composed certain rites and 
forms, which were necessary to be observed in prosecuting law- 
suits,^ called ACTioiTRs lbgis. The forms used in making bar- 
gains, in transferring property, &c., were called actus i.bgituci. 
— There were also certain days on which a lawsuit could be 
raised,' or justice could be lawfully administered,' and others on 
which that could not be done ; * and some on which it could be 
done for one part of the day, and not for another.' The know- 
ledge of all these things was confined to the patricians, and 
chiefly to the pontifices, for many years ; till one Gn. Flavios, 
the son of a ireedmao, the scribe or clerk of Appius Claudiiis 
Ccecus, a lawyer who had arranged in writing these actiones and 
days, stole or copied the book which Appius had composed, and 
published if^ A. U. 440.' In return ror which fevour he was 
made curule aedlle by the people, and afterwards praetor. FVom 
him the book was called jus civile flavianuh.^ 

The patricians, vexed at this, contrived new forms of process ; 
and, to prevent their being made public, expressed them in 
writing by certain secret marks,' somewhat like what are now 
used in writing short-hand, or, as others think, by putting one 
letter for anoUier, as Augustus did,' or one letter for a whole 
word, {per siglas, as it is called by later writers^) However, 
these forms also were published by Sextus ^^ius Catus^ who for 
his knowledge in the civil law, is called by Ennius egreffie 
cordaius homo^ a remarkably wise man.'' His book was named 


The only thing now left to the patricians was the interpreta- 
tion of the law ; which was long peculiar to that order, and the 
means of raising several of them to the highest honours of the 

The origin of lawyers at Rome was derived from the institu- 
tion of patronage." It was one of the offices of a patron to ex- 
plain the law to his clients, and manage their lawsuits. 

Titus Coruncaitius, who was the first plebeian pontifex 
luaximus, A. U. 500, is said to have been the first who ffave his 
advice freely to ail the citizens without distinction,^ whom 
many afterwards imitated; as Manilius, Oassus, Mudus 
Scsevola, C Aquilius, Gallus, Trebatius, Sulpicius, &c. 

Those who professed to give advice to all promiscuously, used 
to walk across the forum,^ and were applied to ^* there, or at their 

1 •oibu iator m lt»- 5 intiireiii. JvToM^'rr^^viiArirpt^plu. 

ib1b« 4bc«ptu«iit. e (utas publlotvlt, ct Mn. iL ^ & PUb. IS L&t IS|hU IS. ].<.». 

t qwuido ten fH poa* action** pri«im edidil. uuciL 1. •. 6. U. 88. D. Oric. Jw. 

•et. 7 Liv. {«. 46. Cle. Ofk 8 Mtis, Gic Mar. II. \i tnn«T«rM uro. 

S diM FmU. i. 41. M«r. U. Att ▼!. 9 8u«t. Aul 88. 14 ad aoi adibatar. 

4 nalaatf. 1. 1. 8. ■. 7. D. Qrig. 10 Cie. OrTT. 49. 



own hoosM. Such «5 were oelebraled for their knowledge in 
1a w, often had their doors beset wHh clients before day-break,' 
tor their gate was open to all,' and the house of an eminent 
lawyer was, as it were, the oracle of the whole dty. Henoe 
Cicero calls their power RseiinM judicialk.' 

The lawyer gare his answers from an elevated seat/ The 
client^ coming op to him, said, light comsulbrb ? * The lawyer 
answered, coiv8ui.k. Then the matter was proposed, and an 
answer returned Tory shortly ; thus, quabo an hzistimbs ? yel, 


nuACBT, PUTO. Lawyers gave their opinions either by word of 
moiiih or in writing ; commonly without any reason annexed,' 
bat not always. 

Sometimes, in difficult cases, the lawyers used to meet near 
the temple of Apollo in the forum,^ and, after deliberating toge- 
ther (which was called dibpctatio vori), they pronounced a 
'joint opinion. Hence, what was determined by the lawyers, and 
adopted by custom, was called rkcbpta srntentia, rbcbptum jus, 


obserTed in legal transactions by their consent, were called rb- 


When the laws or edicts of the praetor seemed defective, the 
lawyers supplied what was wanting in both from natural eouity ; 
and their opinions in process of time obtained the authority of 
laws. Hence lawyers were called not only inUrpretes, but altio 
commoBBs et auctorbs jubis, and their opinions jus civilb, 
opposed to ieffet,^ 

Cicero oooiplains that many excellent institutions had been 
perverted by the refinements of lawyers." 

Under the republic, any one that pleased might profess to 
give advice about matters of law ; but at first this was only done 
by persons of the highest rank, and such as were distinguished 
by their superior knowledge and wisdom. By the Cincian law, 
biwyeis were prohibited fin>m taking fees or presents from those 
who consulted them,*" which rendered the profession of jurispru* 
dence highly respectable, as being undertaken by men of rank 
and learning, not from the love of gain, but from a desire oi 
aasisting their feUow-4*4tizens, and through their favour of rising 
to preferments. Augustus enforced this law by ordainuig that 
those who transgressed it should restore fourfold." 

Under the emperors, lawyers were permitted to take fees ^ 
from their clients, but not above a certain sum,^' and after the 

lCie.Or. iii S3. Hot. Iriaad*, Cie. Lcn. i« >• Off. M. >•. It hooorariaa, Mrtea 

SH.i.l.v.9.Bp.8.1. Or.iL8S.ttL»r 9 Mnr. It. iTCUmqiM mm m d mm , 

104. ft Ck. Mmr. \». 10 hraee, larpe rMw 8aet. N«r. 17. 

SMMltahnuprtebat, 6 Hur, 8«(. U. 8. IflS. mapU mbwog dtfen. 13 caniMKiw pmbbHs 

TfeaLi.4.lS. S«a.Bv.M. drr* Ibagna, Ot. An. annft nodain (tc. 

• Oe.Or.l.46.Att.).1. 7 Jbt. 1. MB. Ll«c3B. Claud !■•) luqM ad d*. 

« ex hUo, Ua^Ma a 8 Dif. Cw. Qm.M. ». 11 Uio. Itv. 18. m sMtmh, Tic. Ann. 


business was done.^ Thus the ancient connection between 
patrons and clients fell into disuse, and e?ery thing was done 
for hire. Persons of the lowest rank sometimes assumed the 
profession of lawyers,' pleadings became Tenal,' adyocates made 
a shameful trade of their function by fomenting lawsuits,^ and, 
instead of honour, which was formerly their only reward, lived 
upon the spoils of their fellow-dtiaens, from whom tliey receired 
large and annual salaries. Various edicts * were published by 
tlie emperors to check this corruption, also decrees of the se- 
nate,' but these were artfully eluded. 

Lawyers were consulted, not only by priTate persons, but also ^ 
by magistrates and judges,^ and a certain number of them at- 
tended erery proconsul and propraetor to his province. 

Augustus gpranted the liberty of answering in questions of law 
only to particular persons, and restricted the judges not to 
deviate from their opinion, that thus he might bend the laws, 
and make them subservient to despotism. His successors (except 
Caligula) imitated this example ; till Adrian restored to lawyers 
their former liberty ,' which they are supposed to have retained 
to the time of Severus. What alterations after that took plao^ 
is not sufficiently ascertained. 

Of the lawyers who flourished under the emperors, the roost 
i*emarkable were m. antibtius labbo/** and c atbios capito," 
under Augustus ; and these two, from their diflf<srent characters 
and opinions, gave rise to various sects of lawyers after them ; 
CASsiiTs, under Claudius ; ^ balvius julianus, under Hadrian ; 
poNpoNius, under Julian ; caius, under the Antonines ; PAniti- 
ANUS, under Severus; ulpianus and paulus, under Alexander 
Severus ; rkbmogknbs, under Constantino, ice 

Under the republic, young men who intended to devote them- 
selves to the study of jurisprudence, aft;er finishing the usual 
studies of grammar, Grrecian literature, and philosophy,'' usually 
attached themselves to some eminent lawyer, as Cicero did to Q- 
Mucius Scaevola,'* whom they always attended, that they might 
derive knowledge from his experience and conversation. For 
these illustrious men did not open schools for teaching law, as 
the lawyers afterwards did under the emperors, whose scholars 
were called auditorbs.^^ 

The writings of several of these hiwyers came to be as much 

>L 7.-Ii« (Cbadtas) 2 Jur. viti. 47. Jnr. Satt 81. 1« CMiiAM ttktim 

Uok » mUdk «oarw, 8 nairm adropitit— ■■ 10 hwomipta Iflwrtath pcfaoept,— tba liraoder 

■ad Ibudth* knl mi^ 4 In litM coin. r\r, — a ■tronaooa •■- oC the CMsiaa sAiOol, 

Sikito M tho «UB of 5 •dIeU, UbrL rti II- MrUr of drU liberty, Plla. Eii.vlI.Mk 

.000 MfltcrvM. b*llL Tm. Aaa. iii. 75. Q«fi. 18 &«. BraU 80. Oft i« 

sUL It. 1. Sa««. Ciar. Rkec. 1. 

II eojm •hMqvhui do- 8. ttwHa libsmlia ▼. 
mtnuUbM ausla fr^ hmmuAtati*, Plat. loe. 

1 paraetU ncgotUi vtf 8 Plia. Ep. t. 14. SI. 

■Ittabat pMMiw Jn». 7 la oonetliM adliibe. 
UmM dMm nillltta bantw, rel sMUMbM- _ . 

«l«rcs,— After tbe cmKM tnr. baliatBr,'— • man wbttM priae. 

!■ dMkM, thtjr m 8 Cle. T«ip. 17. Mar. 18. flariMl'itr 8«Md hiw Uaa.Aa.!. 
Iienaittad t> uet|it a Cac.84.a»IL xiii 18. graatar erodit witk 1» 
(tatnitr ot I04MQ •••. Plia. 1^. iv. A vi. 1 1. llit»M wha bar* fate, 

Mrrm, Plia. Kp r.kl. 9 1. 8. i. alt. O. Ortg. iniO. 

l^WS or TBB ROMAKC 157 

respected in eourti of jostiea ' as the lawi ttiemfelfw.' fi«t this 
happened only by tecifc consent. Those laws only had a binding 
foree, which were solemnly enacted by the whole Roman people 
assembled in the Gomitia. Of these, the following are the 
chief: — 


Lbx ACtLiA, 1. About transplanting colonies^' by the tribune C. 
AcilioB, A. U. 666* 

2. About extortion/ by Manias Acilias Glabrio, a tribune 
(sonM say consul), A. U. 68a That in trials for this crime, 
sentence should be paased, after the cause was once pleaded,* 
and that there should not be a second hearing.' 

Lex iSBuiiA, by the tribune .£batias, prohibiting the proposer 
of a law conoeming any charge or power, from conferring that 
charge or power on himself, ms colleaguea^ or relations.' 

Another concerning the Judicet^ called centumWri, which is 
said to have diminished Uie obligation of the Twelve Tables, 
and to have abolished various customs which they ordained," 
especially that curious custom, borrowed from the Athenians,^" 
of searching for stolen goods without any clothes on but a 
girdle round the waist, and a mask on the fiioe." When the 
goods were found, it was called furtum covgkptuh.^ 

Lap iEUA et PusiA de comitiU^ — two separate laws, although 
sometimes joined by Cicera — llie first by Q. MMub FaetuiL 
consul, A U. 586, ordained that when the Gomitia were held 
for passing laws, the magistrates, or the augnn by their authority, 
might take observations from the heavens ^' and, if the omens 
were unfavourable, the magistrate might prevent or dissolve the 
aasembly,^^ and that magistrates of equal authority with the 
person who held the assembly, or a tribune, might give their 
n^^tive to any law.^' — ^The second, Lex fusia, or fvfia, by P. 
Furiua, consul, A. U. 617, or by one Fusins or Fufius, a tribuno, 
That it should not be lawful to enact laws on all the diesfiutL^ 

Lex ALIA smiTiA, by the consuls .AQlus and Sentius, A U.756, 
al>oat the manumission of slaves, and the condition of those 
who were made free.^' 

Lex iBMiLiA, about the censors." 

Lex miLiA smmptuaria vel cibaria, by M. ^milius Lepidus, 
consul, A U. 675, limiting the kind and quantity of meats to be 

ImbImL y — wm iju « |mi — a - auilMe««tUei«,a«L 19. Vat. 9. PU. 4. Att 

f L L & ■ D. Orif . mtn/tar, Gk>. fitmm. Ibid. VfWn in Usm. 0. 1. 

J v« Vanr. If. L B. Ami Cic. U InsU li 10. 8. lo ( la IB. tea p. 79. 

a d« «dmii» d«lMw- S Cl«. BiiLfl. 8. \» i» eatto Mmrmt. 17 SnU Au. 40. m* » 

dta. • e^ U. 18. sri. 10. 1 } eomUite gbnmwbrat. Mb 

4 LiT. sufH. at. 10 Arteoph. Nah. w. 1» iMt lattreadamt, IS ■•• ^ 100 

» 0* r*M|aaAh WBu Pl«l. Ugg. lii. Cic Snit. 1». H. WMt 

4 WM«I tfrta MMB. 11 fiirtanua quutle rad. San. 0. Prav. Cob. 

158 ROMAN AirriguiTiBS. 

used at an entertainment^ Pliny ascribes this law to Marcus 

Legeg AORARi>ft ; Cassia, Licinia^ Flanunia, Sempronia^ 
Tkaria, Comeha, Sermlia, Ftavia^ Julia, Mamiiia, 

Leges de ambitu ; Fabia, Calpurma, TuUia, At^fidia, Licinia^ 

Leges annalrb vel Aimari4B,* 

Lex ANTiA sumpittiaria, by Antius Restio, the year onoertaiD ; 
limiting the expense of entertainments, and ordaining that no 
actual magistrate, or magistrate elect, should go any where to 
sup but with particular persons. Antius, seeing his wholesome 
regulations insufficient to check the luxury of the times, never 
aner supped abroad, that he might not witness the violation of 
his own law.* 

Leges avtovim, proposed by Antony afler the death of Csesar, 
about abolishing the office of dictator, confirming the acts of 
Ciesar,' planting colonies, giving away kingdoms and provinces^ 
granting leagues and immunities, admitting officers in the army 
among jurymen ; allowing those condemned for violence and 
crimes against the state to appeal to the people, which Cicero 
calls the destruction of all laws, &c. ; transferring the rif ht of 
cheesing priests from the people to the diffisrent colleges.^ 

Leges appuleia, proposed by L. Appuleius Satuminus, A. U.652, 
tribune of the commons ; about dividing the public lands among 
the reteran soldiers ; settling colonies ; ^ punishing crimes against 
the state ; ^ furnishing com to the poor people, at |f of an as, 
a bushel' 

^^atuminus also got a law passed, that all the senators should 
be obliged, within five days, to approve upon oath of what the 
people enacted, under the penalty of a neavy fine ; and the 
viftuous Metellus Numidicus was banished, because he alone 
would not comply.^" But Satuminus himself was soon after slain 
for passing these laws by the command of Marius^ who had at 
first encouraged him to propose them, and who by his artifice 
had effected the banishment of Metellus.'^ 

Lex aquillia, A. U. 672, about hurt wrongfully done.^' 

Another, about designed fraud, A. 17. 687.*' 

Lex ATERiA TARPBiA, A. U. 300, that all magistrates might 
fine Uiose who violated their authority, but not above two oxen 
and thirty sheep.** After the Romans beffan to use coined 
money, an ox was estimated at 100 asses, and a sheep at ten.*^ 

1 Kaerob. Sal. li. 13. S. St— 38. T.S4.zUi 3. •. dnUnto, v«l d«- II. Plat. Mv. Apa. 

0*11. ii.M. 5. Au. xiv. 18. Oio cbbm : m« k«a Sam. BcU. Clr. L 367. 

8 vili. 57. Av. Vice Com. slv. ia.AD.B«L pronUi. Qe. H«r. 1. 18. U «• daano injtuk 

Vlr.lUul>.7& GT.iii.Olo.slfr.lIik L(q( date, dc Brat. M. 

3 M* p.80. 7 Aw. VieUVir.'iUakt. 10 qiiod ia lagwn ▼! la* 13 (to delo mdo, Cie. 

4 OtlL IL 94. Macrak 73. Cie. Balb. 81. Urn Jwara noliat, Cie. Kat O. iU. ««. OC BL 
U> 13. 8 da najaatate, (^. Or. S«t. M. I>oau31.Cla. 14. 

• aeta GMvta. li. 8» 49. Sft. Vict. VIr. Ulul. 08. 14 Dton* a. SO. 

• Cie. PhiL I. 1. 9L fi. 8 aemltia ot utoata, i. 11 Cie. Rak pwd.tviU. 1» Vaataa te Pcaulatv. 


Lex ATfAy by a tribune, A. U. 690, repealing the Cornelian 
law, and restorine the Domitian, in the election of priests.' 

Lex AT1I.IA de aediiitiU, A. U. 543.' Anotlier de tutoTtbw^ 

A. U. 443, that guardians should be appointed for orphans and 
women, by the praetor and a majority of the tribunea' An- 
other, A. lT. 443^ that sixteen military tribunes should be created 
by the people for four legions ; that is, two-thirds of the whole. 
For in four legions, the number which then used annually to be 
raised, there were twenty-four tribunes, six in each : of whom 
by this-law four were appointed by the people, and two by the 
coQsnls. Tbose cfaoeen by the people were called comitiati ; by 
the consolsiy Bunu or anruLi, At first they seem to have been 
sU nominated by the kings, consuls, or dictators, till the year 
393, when the people assumed the right of annually appointing 
six.^ Afterwards the manner of choosing them varied. Some- 
times the people created the whole, sometimes only a part But 
» they, through interest, often appointed improper persons, the 
choice was sometimes left, especially in dangerous junctures, 
entirely to the consuls.' 

Lex ATiviA, A. U. 683, about making the tribunes of the com- 

BKMs senators.' Another, that the property of things stolen 

<^d not be acquired by possession.'^ The words of the law 


^ AVFUMA de ambUUf A. (J. 69i. It contained this singular 
clause^ that if a candidate promised money to a tribe, and did 
P^ pay it, he should be excused ; but if be did pay it, he should 
w obliged to pay to every tribe a yearly fine of 3000 sestertii 
as long as he lived.' 

Lex AuasLiA judiciaria^ by L. Aurelius Cotta, prietor, A. U. 
683, that judices or jurymen sliould be chosen from the sena- 
t<ws, equites, and tribuni asrarii. The last were ofiit^ers chosen 
^^^ the plebeians, who kept and gave out the money for de- 
fraying the expenses of the army.^'' Another, by C. Aurelius 

^^otta, consul, A. U. 678, that those who had been tribunes 
Blight enjoy othor offices, which had been prohibited by Sylla.^^ 

Lex BVBiA, A. U. 574^ about the number of prstors.^ An o- 

Aer against bribery, A. U. 671." 

^ CECILIA DiDiA, or et Didia^ or Didia et Ccscilia, A. U. 
655, that laws should be promulgated for three market-days, 
&nd that several distinct thines should not be included in the 
•ame Jaw, which was called ^r6 per eaiuram, — — Another 

^Rainst bribery. Another, A. U. 693, about exempting the 

^ity and luly from taxes.^* 

1 P^ MSTfi, J7. 5 Ur. sUi. 81. eUjL 12. 9 CIc. Att 1. 18. IS w p. 104. 

I V^' '^^ **- sliv- *>• 10 Cie. Verr. S. 60. 78. U Llr. xL 19. 

...^ ^VrafB. Lit. 6 G«1L sir 8. PhIL I. 8. RulL L « 14 Cie. Att. ti. 0. Pliil. 

.*?^'*<V.Me^ iX 7 MttMirfan* Ase. PIUM. 8. Att. i. v. 8.0»M.*t. :SaU.a^ 

\^ rJ"* ft. U. ». 8 MC p. 47. O^. xviL JO. Fe«t. US. Oio. sxivli. 51. 

*"'0<> 7. Cie. V«rr. i. «{. UAte.Gic 


160 ROMAN ANTigumn. 

Lex CALPUBMiA, A. U. 604'y against extoriion, by which hmi; 
the first qucBHio perpetua was established.— ^Another, called 
also AciliOy concerning briberjr, A. U. 686.^ 

Lex CANVLBiA, by a tribune, A. U. S09, about the intermaniflg^ 
of the patricians with the plebeians.' 

Lex Cassia, that those whom the people condemned shonld 
be excluded from the senate. Another about supplying tlie 
senate.— ^Another, that the people should Tote by ballot, &c.' 

Lex CASSIA TBBKNTiA firtoneiUoria, by the consuls 0. Cassias 
and M. Terentiua, A. U . 680, ordaining, as it is thought^ that 
five tnodii or pecks of com should be given monthly to each of 
the poor citixens, which was not more than the allowance of 
slaves,* and that money should be annually advanced from the 
treasury, for purchasing 800,000 modii of wheat.' at four 
tertii a modius or peck; and a second tenth part* at three 
tertii a peck.' This com was given to the poor people, by the 
Sempronian law^ at a semis andtnens a modius or peck ; and by 
the Olodian law, gratis.^ In the time of Augustus, we read that 
S00,000 received com from the public. Julius Caesar reduced 
them from 390,000 to 150,000.* 

Lex GKNT0BIATA, the name of every ordinance made by Uie 
Comitia Centnriata.'*' 

Lex ciNCXA de donis et mttneribus, hence called MumsRALis, by 
Cindus, a tribune, A. U. 549, that no one should take money 
or a present for pleading a cause." 

Lex CLAUDIA de naviiust A. U. 535, that a senator should not 
have a vessel above a certain burden.^ A clause is supposed to 
have been added to this law prohibiting the quaestors clerks 
from trading."— Another, by Claudius the consul, at the re- 
quest of the allies, A. U. 573, that the allies and those of the 
Latin name should leave Rome, and return to their own citiesu 
According to this law the consul made an edict ; and a decree of 
the senate was added, that for the future no person shonld be 
manumitted, unless both master and slave swore that he was not 
manumitted for the sake of changing his city. For the allies 
used to give their children as slaves to any Uoman dticen on 
condition of their being manumitted." Another, by the em- 
peror Claudius, that usurers should not lend money to minors, 
to be paid after the death of their parents, supposed to be the 
same with what was called the sknatds-consultum macbdonianum, 
enforced by Vespasian.^*-— ^Another, by the consul Marcelluss, 

1 6 tritktlapvsti. 10 Ck. RuU. lu 11. Mot, Ur. sU 8,9. 

U. >1. Mar. B. Brat. • ahmt dscttmas, Ma 11 Pkot. apad VMtam. Ck. Battk S3. 

8T. Sail. Cat. 18. p. 00. Cie. Stn. 4. Cr. iu 7. 15 Tac Asn. xL IX. 7 tn daeanaaaL Ck^ Att.L8a.Tae.ABB.zL UIbi SvaL II. to tUa 

8 Aae. Ck. Cora. Tae. Vatr. ill. 70. t. 71. A. Lir. xnlr. 4. erdaa Henea alloda^ 

sX. 8S. M« p. 77. 8 taa p. 161. 18 aca p. S. Sat. i. 8. r. 14. 

4 Sail. Hkt. rnen. p. 10,Swt. Aag. 18 Saat Dom. 8. 

874. ad. Cortii. 40. 4)1. J«L 41. 14 bi Ubarttal drat aa* 


A. U. 703, that no one should be allowed to staod candidate 
far an offioe while absent : thus taking from Gassar the prinlege 
granted him by the Pompeian law ; ^ also, that the freedom of 
the city should be taken from the colony of Novymcamum, which 
Ciesar had planted.' 

Leges cu>DiJs, by the tribune P. GlodiuSi A. U. 695. 

L That the corn which had been distributed to the people 
for a Menus and triens, or for 4{ of an ojr, dextans, the modius^ 

or peck, should be given gratis.' S. That the censors should 

not expel from the senate or inflict any mark of infamy, on any 
man who was not first openly accused and condemned by their 
joint sentence.*—- ^-^ That no one should take the auspices, or 
obierre the heavens when the people were assembled on public 
badness ; and, in short, that the JE^an and Fusian laws should 

be abrogated.' i. 'fhat llie old companies or fraternities ' of 

ardfioers in the city which the senate had abolished, shou'd be 
restored, and new ones instituted.' These laws were intended 
to pave the way for the following:—^, lliat whoever had 
taken the life of a citisen uncondemned and without a trinl, 
should be prohibited from tire and water : by which law Cicero, 
although not naoMd, was plainly pointed at, and soon after, by 
means of a hired mob, hb banishment was expressly decreed by 
a second law." 

Cicero had engaged Ninius^ a tribune, to oppose these laws, 
but was prevented from using his assistance, by the artful oon- 
doet of Clodius ; and Pompey, on whose protection he had roa- 
lon to rely, betrayed him.'^ Caeaar, who was then without the 
walk ivith his army, ready to set out for his province of Gaul, 
oilered to make him one of his lieutenants; but this, by the 
advice of Pompey, he declined. Crassus, although secretly 
inimical to Cicero, yet, at the persuasion of his son, who was a 
great admirer of Cicero's, did not openly oppose him. But 
Clodius declared that what he did was by the authority of the 
triamviri, and the interposition of the senate and equites, who, 
to the number of S0,000, changed their habit on Cicero's ac- 
county was rondered abortive by means of the consuls Piso, the 
fatheiwin-law of Cassar, and Gabinius, the croature of Pompey.** 
Cioero, thereforo, after several mean compliances, putting on 
^e habit of a criminal, and even throwing himself at the feet 
of Pompey, was at but obHged to leave the city, about the end 
of March, A. U. 695i. He was prohibited from coming within 
468 miles of Rome, under pain of death to himself, and to any 

frivibgiaa Cie. m« p. 160. • ooUmU. 9 Dio. xuTfll. 13. 17. 

_ vcl bM^- 4 CIc ilk Pit. ». Dto. 7 Cie. I'b. 4. Swt. JuL Plat. C!e. AiU ». 4. 

Jim |«Mll adiBMHM. nsriii. 18. 4S. 10 Dio. nsriii. I&. Oc. 

7 8wt Jal. aai Cie. B tae •. 75. CIc Vat. 6, 8 VaD, ii.4».Cic Dem. Q. fr. ii. 9. Sni. 11-. 

Wim.iSLt5, 7. 9. Saaii. IS.aS. Prar. IS—IO. paat tad. Sni. 13. M— IB. foU rad. 

* (^ Satt ». Aac. Cana. 19. Aac. PI-. 4. «. 6. tie. Qalr. 8. 



penon who entertoined hini.^ He, therefore, retired to Thes- 
salonica in Macedonia. His houses at Rome and in the coantry 
were burnt, and his furniture plundered. Cicero did not sup- 
port his exile irith foititude; out showed marks of dejection , 
and uttered expressions of grief unworthy of his former chaiac- 
ter.' He was restored with great honour, through the influence 
of Pompey, by a very unanimous decree of the simate, and by a 
law passed at the Comitia Genturiata, 4th August the next year.^ 
Had Cicero acted witli as much dignity and independence, after 
he reached the summit of his ambition, as he diet with indnetry 
and integrity in aspiring to it, he needed not to have owed his 

safety to any one. 6. That the kingdom of Cyprus should 

be taken from Ptolemy, and reduced into the form of a pro- 
vince ; the reason of whidi law was to punish that king for 
having refused Clodius money to pay his ransom, when taken 
by the pirates, and to remove Cato out of the way, by appoint- 
ing him to execute this order of the people, that he mignt not 
thwart the unjust proceedings of the tribune, nor the views of 
the triumviri, by whom Clmliua was supported.*— -—7. To re- 
ward the consuls Plso and Gabinius, who had iavoured Qodins 
in his measures, the province of Macedonia and Greece was^ by 

the people, given to the former, and Syria to the latter/ tt. 

Another law was made by Clodioa to give relief to the private 
members of corporate towns,' against the public injuries of their 
communities.'— ^—9. Mother to deprive the priest of Gybele, at 
Pessinus in Phrygia of his office.' 
Lex cocLU tabeUaria perduMionU, by Ccelius a tribune.' 
Leges coamELiA, enacted by L. Cornelius Sylla, the dictator, 

A.U. 679. 1. De proseriptione ei pro9criptii, against his eno* 

mies, and in favour of his friends. Sylla first introduced the 
method of proscription. Upon his return into the city, after 
having conquered the party of Marius, he wrote down the names 
of those whom he doomed to die, and ordered them to be fixed 
up on tables in the public places of the city, with the promise of 
a certain reward ^ for the head of each person so proscribed. 
New lists '^ were repeatedly exposed as new victims occurred to 
his memory, or were suggested to him. The first list contained 
the names of forty senators and 1600 equites. Incredible num- 
bers were massacred, not only at Rome, but through all Italy.^ 
Whoever harboured or assisted a proscribed person was put to 
deaUL The goods of the proscribed were confiscated, ana their 
children declared incapable of honours.^' The lands and fop- 

1 Diflw ntTilL 14. 17. S Ci<. Att ir. 1. peit t Cie. n*. ia2t.Fu.l«. l«iils. 

ae.Att.U{.4.x.4. rad. Qair. 7. S«n. II. 6 maaleltilonuB. 11 UbatejnMifatlMiliw 

t CU, PbM. 41. lUd. Mil. t!OL Pis. U. Die. 7 If Ap^ B«U.CtT. MB. 

Sra. 7. 14. Dom. M. n»is. 8 6 Gie. Svxt id. da mp. Dio. Fr««. 1S7. 

AiU ill. 7—11. 18. 15. 4 Cie. D«a. 8. 95, V«1L Hanup. 18. U Gc Vcr. 1. 47. 

!«. Ac Dio. uxviil. li.4ft. Sost.18.X8.Di9. 9oMp.77. Am 43, 44.a«U.tiLa 

lb. uKriii. 80. uiik. St. 18 d«o UlmU, iwo U- I^U. 8. VtlJfaL U. t. 


tiinet of tha skin wei« difidod among the fmndi of Svlla, wbo 

were allowed to enjoy prefemento Wore the leral lime.' 

De MimiciPiii, that the free towns which had lided with Marine, 
aiMHild be deprived of their lands, and the risfat of dtiiens ; the 
last of which Cioero says could not be done. 

Sylia being created dictator with extraordinary powers by 
I* Valerius rlaccus, the interrex, in an assembly of tbe people 
by centuries,' and having there got ratified whatever he bad 
done or should do, by a special law,* next proceeded to regulate 
tlie sUto, and for that purpose made many good laws. 

9L Concerning the republic, the mafj^istrates, the proTinces, 
tho power of the tribunes.' That the judicet should be chosen 
only from among the senators : that the priests should be elect- 
ed by their respective colleges.' 

3b Concerning various crimes i — de majbstatb/ de aspaTuicois,' 
de siCABUs et vbhbvicis, those who killed a person with weapons 
or poison ; also, who took away the life of another by false ac- 
ca8ati<Hiy &c — One accused by this law, was asked whether he 
chose sentonoe to be paased on him by voice or by ballot ? ' <2s la* 
cmDLABiis, who fired Bouses ; de fabbicidis, who killed a parent 
or relation ; de falso, against those who forced testaments or 
any other deed, who delMsed or counterfeited the public coin.'' 
Hence this law is called by Cicero^ cobnblia tbstambntabia, 


The punishment annexed to theee laws was generally aqmm ei 
igm» interdiciio, banishment 

Sylla also made a sumptuary law, limiting tbe expense of 

There were other leges comnus^ proposed by Cornelius the 
tribone, A. U. 686, that the pnetors in judging should not vary 
ftooi their edicts.'' That the senate shoidd not decree about 
absolving any one from the obligation of the laws without a 
qoorum of at least two hundred.'* 

Lex CUBIA, by Curius Dentetus when tribune, A. U. 454^ 
that the senate shoidd authoriee the Comitia for electing ple- 
beian magistrates." 

Leges cuBiATiB, made by the people assembled by cicritf.'* 

Lex DBCiA, A. U. 443, that dbiumoiri navales should be 
created for equipping and refitting a fleet" 

Lex msiA stonpHutriOy A. U. 610, limiting the expense of 
entertainments, and the number of guests ; that the sumptuary 

I Sdl. Cat. SI. Cto.A«. C<inMlia, Gb. Rom. 9 hIsibm clia> CIs. S«L.I1. U. 

d.1. A«i.43.Cru3.1taLIH.«. duTsO. 18 ■•• p. 101, lai. 

t a«lft]«r«Boiua0«i- » we p. IB. St. 116. 135. 10 rat la ■mn rttli 14 Am. Gte. 0»ni. 

vttM wsU taviM C AacOe Dtr.Vw X qaU •dAtarlM T«l 1» Av. VIel. 17. C)« 

wUmi MlMBt, Don. 7 Cie. FU. U. Chi. »3w adaltorliiM mmnmm Or. 14. 

»,CmV3». Fim.lH ll.Mvp !». fNiwint Iw. iS^^**!. 

a AM.Bdl.ClT.L41l. 8 coitoeniiac ntartioa, IIV««t.J.4«. 17 Ut. ». 80 

iJ^ Vakifa, rir« Cie. lUb. 8. m« p. l«s. 12 GeU. H. M. Macnk 


laws should be extended to all the Italians ; and not only the 
master of the feast, but also the guests, should incur a |>enalty 
for their offence.^ 

Lex ooMiTiA de tacerdutiis, the author Gn. Domitius Abeno- 
barbusy a tribune, A. U. 650, that priests (i. e. the pontifices^ 
augvTe9y and decemviri Mocris faciendisy) should not be chosen 
by the ooUem, as formerly, but by the people.' The pontifex 
maximus ana curio maximus were, in the first ages of the re- 
public, always ciiosen by the people.' 

Lsx DuiLiA, by Duilius a tribune, A. U. 304, that whoever 
left the people without tribunes, or created a magistrate finoiu 
whom there was no appeal, should be scourged ana beheaded.^ 

Lex DuiLiA MANIA de wiciario foenare, A. U. 396, fixing the 

interest of money at one per cent- Another, making it 

capital for one to call assemblies of the people at a distance 
from the city.^ 

Lex FABiA de plagio rel phgiariis, against kidnapping or 
stealing away and retaining freemen or slaves." The punish- 
ment at first was a fine, but afterwards to be sent to the mines ; 
and for buying or selling a fireebom citizen, death. 

Literary thieves, or those who stole the works of others, were 
also called i>i*AaiARii.'^^^Ajiother, limiting the number of 
eectaiores that attended candidates, when canvassing for any 
office. It was proposed, but did not psss.^ 

The SBCTATOBBS, who always attended candidates, were dis- 
tinguished from the SALUTATORxs, who only waited on them at 
their houses in the morningy and then went away ; and from 
the DBouCTORBs, who also went down with them to the forum 
and Campus Martius ; hence called by Martial, ANTAMBULomss.' 

Lex FALCioiA testamentariay A. U, 713, that the testator 
should leave at least the fourth part of his fortune to the per- 
son whom he named his heir." 

Lex FAHNiA, A. U. 588, limiting the expenses of one day at 
festivals to 100 asses, whence the law is called by lAiciliHs, 
cxNTvssis ; on ten other days everv month, to thirty ; and on 
all other davs, to ten asses : aha, that no other fowl should be 
served up,^' except one hen, and that not &ttened for the 

Lex FLAMiNiA, A. U. 591, about dividing among the soldiers 
the lands of Picenum, whence the Galli ^nones bad been ex<- 
pelled ; which afterwards gave occasion to various vran.^ 

Lex FLAviA agraria, the author L. Flavius a tribune, A. U. 
695, for the distribution of lands among Pompey's soldiers ; 

1 Mjcrab. Stt. tk U. eCie. R«b. ptfd. S. 10 PhBLI«g.Fa]o.Oio. 8»ttt.M.««od delate 

t Mt pL 8S^ SuH, Nar. OBln.Fr.l.S. slrVL a. cnut tr— tUfm, par 

S. Cio. RaU. IL 7. 7 Mart. i. M. 11 «• qold rolOarlam oaaea Imc* aabolaTk, 

8 Llr. %%t. flk nriL 8« 8 Oie- Mur. M. fl voluere ponaretiir. Plin. z. SO. a. 71* 

* Ut. UL U. 9 ti. 18. Qe. pat. aoa*. IS qn non dliliaaa••^ IS Pviyh. 'JL fll. Ch> 

• LiT. TiLilL Map. 71. Ga 1. iL M. Macrei>. ^iaa.4i 


which excited bo gieat ooniBotioiii^ that the trihuoe, supported 
by Pompey, had the hardiness to oommit the consal Meteiluf to 
prison for opposing it^ 

Ltg€9 FBUMBHTARtB, laws foT the distribntion of com among 
the people, first at a low price, and then gratis ; the chief of 
whicn were the Sempronian, Appuleian, Cassian, Clodian, and 
Octanan laws. 

htx FvnA, A. U. 692, that Clodius should be tried for 
Tiolating the sacred rites of the Bona Dea, by the praetor with a 
select bench of judges ; and not before the people, according to 
the decree of the senate. Thus by bribery he procured his 

Lex FULTiA, A. U. 628, about giving the freedom of the dty 
to the Italian allies ; but it did not pass.' 

Lex FVBiA, by Camillas the dictator, A. U. 386, about the 
creation of the curule ftdiles.* 

hex waiAy Tel Fueia (for both are the same name),' de teetO' 
mentis^ that no one should leave by way of legacy more than 
1000 ofsefy and that he who took more should pay fourfold.' 
By the law of the Twelve Tables^ one might leave what legacies 
he pleased. 

Lex FtraiA atilia, A. U. 617, about giving up Mancinus to the 
Numantines, with whom he had made peace without the order 
of the people or senate.' 

Lex fusia de eomitiU, A. U. 691, by a pnetor, that in the 
Comitia Tributa, the diilerent kinds of people in each tribe 
should vote separately, and thus the sentiments of every rank 
might be known.' 

Lex vusiA vel Ftaia canivia, A. U. 751, limiting the number 
of slares to be manumitted, in proportion to the whole number 
which any one possesMd ; from two to ten the half, from ten to 
thirty the third, ft«m thirty to a hundred the fourth part ; but 
not above a hundred, whatever was the number.' 

Lege$ eABmi^ by A. Gabinius, a tribune, A. U. 685, that 
Pompey should get the command of the war against the pirates, 
with extraordinary powers.^' That the senate should attend t<i 
the hearing of embusies the whole month of February." That 
the people should give their votes bv ballots, and not viva voce 
as formerly, in creating magistrates.'' That the people of the 
provinces should not be allowed to borrow money at Rome from 
onepeiBon to pay another." 

There is another Gabinian law, mentioned by Porcius Latro " 
in his declamation against Catiline, which made it capital to 

I Din Cm» nxvfl. 50. 4 Lir. ▼!. 4S. 8 D'm. mvilL 8L 11 Ok. Qua. Wt. lt.18. 

Cic AU. L la. W. H. 1. S Li*, ill. 4. QbImI. 1. 9 Vob. Tm. 11. PaoL IS tt* p. 76. 77. 

g Ge. A t. U IS, 14. IC 4. 18. S«iiL iv. 1». m* ii. S4. II v«t«nr»iB fac«r«LCte. 

1H0. xnrii 4«. • Oc. Vcrr. i. 4t. Balk. 10 era laovteMtraor' Alt v. XI. tL L 

I Apf . BelUCiT. L 371. SI h«i. ImI. 11. S. dimrw, Oie. Uk. Mm. 1I u 191 

Vai. Mk U. a. 7 Cie. Off. Ui. 90. 17. EHo. sitvi. 7. 


hold dandestine assembliM in the city. But ihif author is 
thongbt to be fupposititioiiB.^ 

It if oertaioy howeTer, that the Romans were always careful 
to prevent the meetings of any large bodies of men,' which they 
thought might be converted to the purposes of sedition. On 
this account, Pliny informs Trajan, that aooordiug to bis direc- 
tions he had prohibited the assemblies of Christiaoib' 

Lex OBLLIA coBNKLiA, A. U. 68], confirming the right of dti* 
sens to those to whom Pompey, with the advice of his council,* 
had granted it 

Lex GBNuciA, A. U. 411, that both consuls might be chosen 
from the plebeians. That usury should be prohibited. That no 
one should eigoy the same <^ce within ten yesrs, nor be in- 
vested with two offices in one year,^ 

Lex oBNuciA AMiLiA, A. U. 390, about fixing a nail in the 
right side of the temple of Jupiter." 

Lex OLAUCIA, A. U. 653, granting the right of judging to the 
equiteSy de repetundisJ' 

Lex oLiciA, de inoMcioso teUamenio.^ 

Lex HiaaoNiCA, yS frtametttariaf containing the conditions on 
which the public lands of the Roman people in Sicily were pos- 
sessed by the husbandmen. It had been prescribed bv Hiero, 
tyrant of Syracuse, to his tenants,^** and was retained by the 
prietor RupUius, with the advice of his council, among the laws 
which he gave to the Siciliana^ when that country was reduced 
into the form of a province.^^ It resembled the regulations of 
the censors^'' in tneir leases and bary^ains," and settled the 
manner of collecting and ascertaining the quantity of the tithes^ ^* 

Lsx HiRTiA, A. U7704, that the adherents of Pompey ^ should 
be excluded from preferments. 

Lex HOBATiA, about rewarding Gaia Terratia, a vestal viigin, 
because she had given in a present to the Roman people the 
Campus Tiburtinus, or Martins. That she should be aamitted 
to give evidence,^' be discharged from her priesthood,*^ and 
mi|^t marry if she chose.*' 

Lex HOBTiDisiA, that the fwndifus, or market-days, which 
used to be held as ferim or holydays, should be feuti or court- 
days: that the country people who came to town for market 
might then get their lawsuits determined.*' 

Lex HORTENsiA, de plebiscUie/'* 

Lex HosTiLu, de furtis, about theft, is mentioned only by 

1 Mc Cert. SalL C Uu vtl. S. 11 Gie. Vm. »i. 9. 10. 16 tMtabllU 

S heterta. T ••• Iot SfrrilU, Cic IS Imm osmoria. 17 •x»«nrMi potaH. 

8 Plin. K^ X. 43. 7C Or. O. 11 in locaUoiUbiu it 18 QelLri.?. 

9197. 8»wp.A1. paetionibw. 1» Ut«f comonMiMt, 

4 a* tmuMA WBtaBlIa, » Gie. V*a. II. U. 14 Cic. V«rr. ▼. S4. Uaerah. 8M 

GcB^lb 8.14. 10 iU ««i anw ngis 19 PuRMiMl,CH.PbiL 80 mm p. 16. U 

lAw, rU. 48 wtemt. siU. IflT tl Iwt. ir lOL 


lex iciLiA, de tribunis, A^V, 26 ], that no one should con- 
tradict or interrupt a tribune^ while speaking to the people.' 

Another, A. (J. 297, de Aventino pvMicando^ that the 

Arentine hill should be common tor the people to build upon.' 
It was a condition in the creation of the aecemririy that this law, 
and those relating to the tribunes,* should not be abrogated. 

Lex JULIA, de civitate $ociis et Latinis danda ; the author h. 
Julius Caesar, A. U. 663, that the freedom of the city should be 
giTen to the Latins and all the Italian allies who choee to accept 
of it.* 

Lege» JiTLiis, la^vs made by Julius Cassar and Augustus. 
1. By C. Julius Caesar, in his first consulship, A. (J. 694, and 
afterwards when dictator : 

Lsx JULIA AOftABiA, for distributing the lands of Campania 
and Stella to 30,000 poor citizens, who had each three children 
or more." 

When Bibulus, Caesar's colleague in the consulate, gave his 
negaiiTe to this law, he was driven from the forum by force. 
And next day, having complained in the senate, but not being 
supported, he was so discouraged, that during his continuance 
in office for eight months, he shut himself up at home, without 
doing any thing but interposing by his edicts,' by which means, 
while he wished to raise odium against his colleague, he in- 
creased his power.' Metellus Celer, Cato, and his ffreat ad- 
mirer* M. Faronius, at first refused to swear to this law; but, 
constrained by the sererity of the punishment annexed to it, 
which Appian says was capital, they at last complied.*" This 
custom of obliging all citizens, particularly senators, within a 
limited time, to signify their approbation of a law by swearing 
to support it^ at first introduced in the time of Manns, was now 
obserred with respect to every ordinance of the people^ however 
violent and absuro." 

■ de puBLiCANis tertia parte pecunite debiia reievandis, 

about remitting to the farmers-general a third part of what they 
had sdpulated to pay.^ When Cato opposed this law with his 
usual mrmness, Caesar ordered him to be hurried away to prison : 
but fearinsf lest such riolence should raise odium against him, 
he desiredone of the tribunes to interpose and free him." 

0io says that this happened when Cato opposed the former 
law in the senate.'* When many of the senators followed Cato, 
one of them, named M. Fetreius, being reproved by Caesar for 

1 foiarftri tribmo. 57. Saet. JuL 2D. DIa, Dio. luriii. 9. Cle. 

S Oioay. Tfi. 17. 6 Cle. Plus. 5. AtL iL nsTQl 6. SuL 38.>L M. 18, 19. V«1L iL 44. 8 Vtll. ii. 44. 18 Saet. ib. Cle PImc 

Ur. We. usTlii. L 7. 9 mraUtor. 14. Dio. ib App. B*U. 

7 at, qDoad potaalito 10 B«1L dr. H. 4S4. Civ. ii. 488. tw p. 19. 


I Mid ta«I ftmdl Sot! ablr^C domn' abditu 'Dio. zuviu. 7. Plat. 18 Plat.' 

TillMl.Ck, Balb. 8. »ikil aJiud qium p«r C»to 2Minor. 11"*I!'H. ..''. °!^ 

-'- W. 4. n« p. 88, cdlils obavfltiwrt, 11 Mt In** AppoMa. Cm. W Otll. ir. 10. 


going away before^ the house was dismissed , replied, " I had 
rather be with Cato in prison, than here with Caesar/'^ 

' For the ratification of all Fompey's acts in Asia. This 
law was chiefly opposed by LucuUus ; but Cesar so frightened 
him with threatening to bring him to an account for his conduct 
in Ada, that he promised compliance on his knees.' 

— — — ^ dc PBoviNCiis OBoiKANois ; ail improvement on the 
Cornelian law about the provinces; ordaining that those who 
had been prsetors should not command a province above one 
year, and those who had been consuls, not above two years. 
Also ordaining that Achaia, Thessaly, Athens, and all Greece 
should be free and use their own laws. 

de sACEBooTiis, restoring the Domitian law, and per- 
mitting persons to be elected priests in their absence.* 

' JUDiciARiA, ordering the judices to be chosen only 
from the senators and equites, and not from the tribtau tBrarii, 

de RBPBTUNiiis, very severe * against extortion. It is 

said to have contained above 100 heads.^ 

de LBOATiONiBus LiBERis, limiting their duration to five 

years.' They nere called Ubera^ because those who enjoyed 
them were at liberty to enter and leave Rome when they pleased. 


de PEcuNiis KUTuis» about borrowed money.^^ 

de Mooo vBcxjviM POSSIOEND.1S, that no one should keep 

by him in specie above a certain sum.^^ 

■ About the population of Italy, that no Roman citizen 
should remain abroad above three years, unless in the army, or 
on public business ; that at least a third of those employed in 
pasturage should be freeborn citizens ; also about increasing the 
punishment of crimes, dissolving all corporations or societies, 
except the ancient ones, granting the freedom of the dty to 
physicians, and professors of the liberal ai'ts, &c. 

de REsinaiSf about bringing those to account who retained 

any part of the public money in their hands.^ 

de LiBERis PRoscRiPTORUM, that the children of those 

proscribed by Sylla should be admitted to enjoy preferments., 
which Cicero, when consul, had opposed.^* 

suMPTUARiA.^' It allowed §00 as. on the diee profeeti ; 

300 on the calends, nones, ides, and some other festivals ; 1000 
at marriage-feasts,^^ and such extraordinary entertainments. 
Gellius ascribes this law to Augustus, but it seems to have been 

1 M* y. 1 1. 7 GIc. V«in. tKL 7. Viu tnrira, axire UeelMt, ib. IS SmU 41. Bfara. L 4. 

aSaeLib. IB. «. 87. S«t. M. 10 Ck. Phil. I. S, 8. «.8.L«c.Jal. 

i Cic. Phil. 1. & Fw. B«kPMUi.4. V>t. 13. 11 M* p. 40. Dio. sH. 14 Swt JbL «I. Cic 

lC.Dki.xnii. 85. AlU T. 10. !«. SMt 87. xll(\. 51. On. >S«1. RlS. 

4 Cle. BraU «. JaL 43. Ctv- lii. 1. «0. 48. 15 SwU JaL 48. Ch. 

• Swt. Jal. 41. Oc. 8 ■■•«p.27.Cic.Att.ST. U ^tr sMltrtiik Oio. AU. liU. 7. Warn. tO. 
PbU i.9. II. ili. ag. Ta«. Ann. ri. 96. Ix. 15. 

• Mcrriaa. 9 quod, cum vrli*. in. Itt. 10 BopUb et rafotfa. 


•naetad by both. By an edict of Angnstut or Tiberius, the a1« 
lowaoce for an entertainment wae raised, in pioportion to its 
soJemiutv, from 300 to 9000 hs.^ 

ae ventficiit^ about poisoning.* 

2. The htge9 iuuM made by Augustas were chiefly : 

Concerning marriage ;' henoe called by Horace lxx ma- 


de AouLTBBiis, et de pudicitia, de ambiiUy against fore- 

stalliDg the market^ 

— de TVTOMBus, that guardians should be appointed for 
orphans in the provinces, as at Rome, by the Atiliiliir law.' 

Lex Jubu THBATBALis, that those equites who themselves, 
their fathers, or grandfathers, had the fortune of an eques, 
should sit in the fourteen rows assigned by the Rosdan law to 
that order.' 

There are several other laws called leget JuUa, which occur 
only in the Corpus Juris. 

Julius Caesar proposed revising all the laws, and reducing 
them to a certain form. But this» with many other noble de- 
signs of that wonderful man, was prevented by his death.^ 

Lex JDViA, by M. Junius Pennus, a tribune, A. U. 627, about 
expelling foreigners from the dty,' Against extortion, ordain- 
ing that, besides the Utis tsstimatio, or paying an estimate of 
the damages, the person convicted of this crime should suffer 

Another, by VL Junius Silanus the consul, A. U. 644, 

about diminishing the number of campaigns which soldiers 
should serve." 

Lex JimiA LicwiA, or JMa ei Licima, A. U. 691, enforcing 
the Didian Uw by severer nenaltiea." 

lear JUHiA mobbana, A. U. 771, concerning the manumission 
of slaves." 

Lex LABiKHA, A. U. 691, abrogatinff the law of Sylla, and 
restoring the Domitian law in the election of priests ; which 
paved the way for Caesar's being created pontifex maximus. 
By this law, two of the college named the candidates, and the 
pe^le chose which of them they pleased.** 

Lex AHPLA lABiWA, by two tribunes, A, U. 663, that at the 
Ciroensian games Pompey should wear a golden crown, and his 
triumphal robes; and in the theatre, the pretextaand a golden 
crown ; which mark of distinction he used only once.*' 

Lex LBTORiA, A. U. S98, that the plebeian magistrates should 

1 Odl.S.M.1H«bIlr.& M« ftavit, Mstota- sniH.S.i.8. M. Vai. M. Alt. U. fl. 

tSwCNar.a. IMmaoteril, ^M ■» 8 6Mt.Jal. 44. ir. 16w 

Urn maM^taaS* mtdM. ■«» carter lat. Dip. 9iMp.64. lSaMp.S4,4». 

hw^ SmC Au. 31. nB.Ep.vl. «1..SmI. 10Patec« fl. 8. Ola. 14 Ua buvH. »7. Ue. 

4 Mar. ev. mt. v. 18. M. B«lb. IN PkiU iUS- 

Uv. aph. M.SMt.flll 8 JmL lut. Atil. Tn«. 11 Am. C(e. Com. 16 Putorc. ii 40. 

ft atqali «0nlim mm- 7 SaM. Aag. 40. Plla. 18 CicPbiL v. 3..Se«t. 



be created at the Comitia Tributa.^ Another, A. U. 490, 

against Uie defrauding of minors.* By this law the years of 
nilnoritv were limited to twenty-fire, and no one below that 
age could make a legal bargain/ whence it is called lex guuf a 


Leges LiciNiiS, by P. Licinios Vanis, city praetor, A. U. 545, 
fixing the day for the ludi Apollinares, which before was un- 

by C. Licinius Crassus, a tribune, A. U. 608, that the 

choice of priests should be transferred from their college to the 
people ; but it did not pass." 

This Licinius Crauus, aocordinff to Cicero, first introduced 
the custom of turning his face to the forum when he spoke to 
the people, and not to the senate, as formerly.^ But Plutarch 
says this was first done by Caius Gracchus.* 

by C. Licinius Stolo, A. U. 377, that no one dioold 

possess aboTO 500 acres of land, nor keep more than 100 head 
of great, or 600 head of small cattle. But Licinius himself was 
soon after punished for violating his own law.* 

by Crassus the orator, similar to the ^bntian law.^* 

Lex LiGiNiA, de sodalUiis et de ambitu, A. U. 698, against 
bribery, and assembling societies or companies for the purpose 
of canTSSsing for an office.'^ In a trial tor this crime, ana for 
it only, the accuser was allowed to name " the jurymen " from 
the people in general.^* 

Lex LiciNiA sumptuariOf by the eonsub P. Licinius Crassus 
the Rich, and Cn. Lentulus^ A« U. 656, much the same with the 
Fannian law ; that on ordinary days there should not be more 
served up at table than three pounds of fresh, and one pound of 
salt meat; ^^ but as much of the fruits of the ground as every 
one pleased.*' 

Lex LICINIA CASSIA, A. U. 423, that the legionary tribunes 
should not be chosen that year by the people, but by the con- 
suls and prntors.*' 

Lex LICINIA sBXTiA, A. U. 377, about debt^ that what had 
been paid for the interest " should be deducted from the capital, 
and the remainder paid in three years by equal portions. That 
instead of duumviri for performing sacred rites, decemviri 
should be chosen ; part from the patricians, and part from the 
plebeians. That one of the consuls should be created from 
among the plebeians.^* 

Lex LICINIA JUNiA, or Junia et Lkima^ by the two consuls^ 

1 Ut. iL M, S7. i U*. ssTiL 83. vt. SB. ▼«. IC 16 lUcNk IL IS. «»lk 

t ceatr* wtoltaa wnh ii • Qie. As. 8k 10 Qe. Don. <0. U. 8*. 

dfc«M«ripliMM^C(• T primna inMiCait !■ 11 Ci«. PImic K, 16. I7Uv.sIH.Sl. 

OK lit. 1ft. fvun wn» »gn* t* •dar*. 18 qnod uori* pini» 

S supiOwI, PlauU Hud. caa ponlo, ibid. 1 . judiMi. avntttn enM. 

':.***'*.. . . ^ FlaCOrao. 11 tx onui poiwIaJb.lT. 19 LIt. v\, II. SS. mm 

4 PiMt. PmmL i. S. 66. 9 Aff. B«U. dr. L Ut. 16 mIiimaIwub. ^ 87. 9lL 

LAWS or fax aohaks. ^7 1 

A. U. 691^ enforcio)^ the Lex CmcUia iMita; whenoe both 
laws are often joined.^ 

Lex ucnaA mvcu, A« U. 656, that no one sboold paas tor a 
citixen who was not to ; which was one principal caiiae of Ihe 
Italic or Manic warn' 

Ltge9 hvrut^ propoeed by M. linns Dmsiis, a tribune^ A. U. 
662, about transplanting colonies to different places in Italy and 
Sicily, and granting corn to poor citizens at a low price ; also 
that the judioes should be chosen indifferently from the senators 
and eqaites, and that the allied states of Italy should be admitted 
to the freedom of the city. 

Dmaus was a man of great eloquence^ and of the most up- 
right intentions ; but endeaTouring to reconcile those whose in- 
terests were diametrically opposite, he was crushed in the 
attempt ; being murdered by an unknown assassin at his omm 
house, upon his return frt>m the forum, amidst a number of 
clients and friends. No inquiry was made about his death. 
The states of Italy considered this event as a signal of revolt, 
and endeavoured to extort by force what they could not obtain 
voluntarily. Above 300,000 men Ml in the contest in the 
space of two years. At last the Homans, although upon the 
whole they had the advantaf[e, were ohliced to grant the free- 
dom of the dty, first to their allies, and afterwards to all the 
states of Italy.' 

This Drusus is also said to have got a law passed for mixing 
an eighth part of brass with silver.* 

But the Jaws of Drusus,' as Cicero says, were soon abolished 
by a shosi decree of the senate." 

Drusus was grandfather to Uvia, the wife of Augustus^ and 
mother of Tiberius. 

Lex LVTATiA, de vi, by Q, Lntatius Catulus, A. U. 675, tluit 
a person might be tried for violence on any day, festivals not 
excepted, on which no trials used to be held.^ 

Lex MJtiTTA, by a tribune, A. U. 467, that the senate should 
ratify whatever the people enacted.^ 

Lex MAjasTAiis, for punishing any crime against the people, 
and afterwards a^^ainst the emperor, Cornelia, &c' 

Lest MAMiLiA, £b imitibue vel de regundis ftnUnts agrorum, for 
regulating the bounds of froms; whence the author of it, C. 
Mamilius, a tribune, A. U. 643, got Uie surname of limitahus. 
It ordained, that there should be an uncultivated space of fivD 

1 Ck, YaC 4. PhD. r. BpU. 7L Cle. Brut.tS. 6. i — i »» i t wAm Mna- M«pieiM«I]r. 

A SmU M. Att. U. «. 49. at. Rab. 7. PUk. tiis, PkUippo om. ffk- 1 Cie. Cal. i. ». AeT. 

ir. IC 14. Doa. It. Mala, cwtn aaipleU, Vmt. U. 

i Cfah Oft liL II. 4 PlM.usiiUaS. latu yVmri,-'V9t IIm 8 Cic. Brat. 14. M* |. 

Balh. 8L9I. Am. Cic 5 k«e« LWiik Mwto dccrwa, m tht 16. 

Can. 6 ao ▼«nlaa]o amataa motioa of Philippat • Cio. F*. tl. Taa. Aa. 

• App.SaU.ClT.LS7Sk paaeia tan pari* nbla* tka eonaal, Uiat ikajr It. S4. 
Va.. ru. fi. U. Liv. ta aut, Cie. Lag(. U. kad ba«« paaaad ta* 


173 RONAir ANTigUITlBi. 

f«et broad left between ftrins; and if any digpnte happened 
about this matter, that arbiters should be appointed by the 
priBtor to determine it The law of the Twelve Tables re- 
quired three.^ Another, by the same person, for pQnishin|r 

those who had received bribes from Jugurtha.' 

Lex MANiLiA, for oonferriR||r on Pompey tlie command of the 
war against Mithridates, proposed by the tribune C Manilius, 
A. U. 687, and supported by Cicero when prastor, and by CsBsar, 
from different Tiews; but neither of them was actuated by 

laudable motives.' Another, by the same, thai f^reedmen 

might Tote in all tlie tribes, whereas formerly they rotad in 
lome one of the four city tribes only. Bat this law did not pass.* 

L$ge$ MANiLiANiB venaliwn vendendorum^ not properly laws, 
but regulations to be observed in buying and selling, to prevent 
finsud, called by Varro, actiovks.' They were composed by the 
lawyer Manilius, who was consul, A. U. 603. 

The formalities of buying and selling were by the Romans 
used in their most solemn transactions ; as, in emancipation and 
adoption, marriage and testaments, in transferring property, &c. 

Lex MANLiA, by a tribune, A. U. 558, about creating the 7Vt- 
umoiri Bpuhnes* 

— ae yiOBsiM A, by a consul, A. U. 896.* 

Lex MABCiA, by Mjurdus Gensorinus, that no one should be 
made a censor a second time.' 

de StatieUatibus vel StatieHis, that the senate upon oath 

should appoint a person to inquire into, and redress the injuries 
of the SUUieUi^ or -ates^ a nation of Liguria." 

Lex MAaiA, by G. Alarius, when tribune, A. U. 634, about 
making the entrances to the Ovilia^' narrower. 

Lex MARIA PORCiA, by two tribunes, A. U. 691, that those 
commanders should be punished, who, in order to obtain a 
triumph, wrote to the senate a false account of the number of 
the enemy slain in battle, or of the citisens that were missing ; 
and that when they returned to the city, they should swear be- 
fore the city quaestors to the truth of the account which they had 

Lex MBMMiA vel RBMMiA ! by whom it was proposed, or in what 
year, is uncertain. It ordained, that an accusation should not 
be admitted againtt tlioae who were absent on account of the 
publia^* And if anv one was convicted of false accusation,'^ that 
he should be braniled on the forehead with a letter,'* probably 
witli the letter a, as anciently the name of this crime was written 


1 Ue. Lft >• •!• Cmu Mar. U. 7 Ur. m. 16. n* iw S5. 11 VaL Mas. 11. tr. 1. 

S Sail. Jag. 40. » Cie. Or. i. S. W. Var. 8 PiwU Cor. »l Va). Max. fit. 7. 9. 

i dia. iMU- Maa. DW. Raal. H. ». 11. • Uv. xUI. <]. »■•<. J«L ». 

*Mm^ ff. 6 Ur. xxxfiL 42. Ok. lO pontoa, CIr. Ug. HI. 11 rmlaaiaSs. 

4 aaa fk 82. Am. Ck. Cr.ULlSL 17. H Cm Kw. Am.U.A 

LAWt OF THE R0MAV8. 173 

l£3t HBisfiAy A. U. 302, that, in impoting fines, a iheep 
ffaonld be estimated at ten asses, and an ox at one hundred.' 

Lex MsciiA, that a child ahoold be held ai a foreinier, if 
either \>f the parents was so. But if both parents were Komans 
and married, children always obtained the rank of the father,* 
and if unmarried, of the mother. 

Lex MBHUA, by a tribune, A. U. 516, that Minucius, master 
of horse, should have equal command with Fabius the dictator.' 
Another, as it is thought by a tribune, A. U. 635, ffiTing 
directions to fullers of cloth ; proposed to the people at the de- 
sire of the censors* 4^ Another, by Metelfus Nepos a pra»- 

tor, A. U. 694y about freetnn; Rome and Italy from taxes,' pro- 
bably those paid for goods imported.' 

Leffes HiLiTABBs, rej^ulations for the army. By one of these 
it was provided, that if a soldier was by chance enlisted into a 
legion, commanded by a tribune whom he could prore to be 
inimical to him, he might go from that legion to another.' 

Lex MiHuciA de triumoiris mensanis, by a tribune, A. U. 537, 
about appointing bankers to receiTO the public money.' 

Leges nuhjs, laws of king Numa, mentioned by different 
aothm : — that the gods should be worshipped with corn and a 
salted cake:' that wnoever knowingly killed a free man should 
be held as a oarricide : '' that no hwlot should toudi the altsr 
of Juno; ana if she did, that she should sacrifice an ewe lamb 
to that goddess with dishevelled hair : ^ that whoever removed 
a landmark shonld be put to death : ^ that wine should not be 
poured on a funeral pile." 

Lex otytAYiAjrumefUttriay by a tribune, A. U. 633, abrogating 
the Sempronian law, and ordaining, as it is thought, that com 
ahoald not be given at so low a price to the people. It is greatiy 
commended by Cicera'^ 

Lex oouuoA, by two tribunes, A. U. 453, that the number of 
the pontifioes flJiould be increased to eight, and of the augurs to 
nine ; and that four of the former, and hre of the latter, should 
be diosen from among the plebeians.^ 

Lex oFFUi by a tribune, A. U. 540, that no woman should 
have in her dress above half an ounce of gold, nor wear a gar- 
ments of ditftrent coloun^ nor ride in a carriage in the city or 
in any town, or within a mile of it, unless upon occasion of a 
public sacrifice.^' 

Lex OPTIMA, a law was so called which conferred the most 

I FMtas ia Fwvhtas. s. •?. Plh. iyUI t. la Tenaiae. 

t patnn acfaaatar U- 6 nJu^ vacdfalk, Dlok l9 iMtai in goHlom U PUa. air. 12, kc 

keri. Uv. l«. 4. Ulp. fturtLSL MrrieidiL 14 Cie. BraU «IL Oft IL 

• LIr.uti.8».». • futuima. Go. Att. 11 U. ia PaUieu, OaU. SI. 

4 qaoai C WUmUbM, B. M. iv.S. IftUv. x.6.9. 

Im AaiOa* eaaarca 1 Cfe. Flae- tt. IS qal tamiaaai «u> 16 Uv. xnW. 1. Tm 

Men a4 pap^aa to- • lir. uaiil. Xl. n*»«t, at Ipaaa at Aaa. ilk 3S. 

' ^ "I, PliB. xuT. 17. 9 ftafla M ul«s mol*,. horn tiaraa mm, VhI . 


174 ROMAN ANTigiriTIBB. 

complete authority/ as thai wm called optimum JH» which be- 
stowed complete property. 

hex ORCHiA, by a tribune, A. U. 56C, limiting the number of 
guests at an entertainment' 

hex OVINIA, that the censors should choose the most worthy 
of all ranks into the senate.' Those who had borne offices werv 
commonly first chosen ; and that all these might be admitted^ 
sometimes more than the limited number were elected.* 

hex vkvtkf by a tribune, A. U. 688, that foreigners should be 
expelled from Home, and the allies of the Latin name forced to 
return to their cities.* 

hiX pAPiA poppAA, about the manner of choosing' yestal vir- 
gins, 'ihe author of it, and the time when it passed, are un- 

hex PAPIA poppAA de mariUmdis crdinibut^ proposed by the 
consuls Papius and Poppseus at the desire of Augustus, A. (J. 
763, enforcing and enmrging the Julian law.^ liie end of it 
was to promote population, and repair the desolation oocasioaed 
by the civil wars. It met witfi great oppoeition from the Debi- 
lity, and consisted of several distinct particulars.' It proposed 
certain rewards to marriage, and penalties against celibacy, 
which had always been muoi discouraged in the Roman state, 
and yet greatly prevailed, for reasons enumerated.' Whoever 
in the city had three children, in the other parts of Italy four, 
and in the provinces five, ^ms entitled to certain privileges and 
immunities. Hence the famous jus tbium LmuioRvx, so often 
mentioned by Pliny, Martial, &&, which used to be gnmted «lao 
to those who had no childrw, first by the senate, and afterwards 
by the emperor, not only to men, but likewise to women.^" The 
privileges of having three children were, an exemption from the 
trouble of guudianship, a priority in bearing ofllces,^^ and a 
treble proportion of com. Those who lived in celibacy oonld 
not succeed to an inheritance^ except of their nearest relations, 
unless they married within 100 days after the death of the testa- 
tor ; nor receive an entire lesacy." And what they were thus 
deprived of in certain cases fell as an escheat ^ to the exche- 
quer ^* or prince's private puive. 

hex PAPiRiA, by a tribune, A. U. 563, diminishing the weiglit 
of the Of one haff.^' 

by a prsBtor, A. U. 431, granting the freedom of the 

city, without the right of voting, to the people of Aoerra.^ 

1 PMUiaToce. Di&nnTll.flL P1ia.stT. Procen.Soo. 12 ImMiib oom* v«I 

a PmC in OpwnitaTW*, S eapicwlU flelL L It. cm». tUre. 19. PImii. MlUan 

Murob. SM. ». It. 7 Tm. Am. BL ». «. Mil. UL 185. 111. he. IS 

T Pm.tBPr*ieritiM- 8 ImSalBrft. 10 Piio. Kb. K. ia.rii. 14 ilww, Jar. fat. 

wtortt. 9 Vftl. Max. It. 9. Lir. IC. x -i. IB, 96. Mart. te. 

I Oi*. mnTfl. 46. rIv. 1». IMt «9. Soct. ii. 91, 99. Di*. It. 9. IS Ptta. nsUL 3. 

S He Off. III. 11. Bdh. Au. 94. » Dio. M. 5att. CUui. 19. 16 Llr. riS. 17. 

S. Anh. ». Alt It. 16. 3,4. Otil. I. «, t. 19. 11 Piia. fep. rifi. 16. 

LAWS or nu bohaki. 176 

by « tribwie, ilM yew unoerUin, thai no edilioe, laady 

or altar, should bo oonsecratod without Uio order of the pooplo. 

A. U. 335, about astiautiog fines,' probably the aanio 

with iex MBirBHiA« 

That no one abould molest another without cause.' 

by a tribune, A. U. 631, that Ubleto should be used in 

passing lawa.^ 

by a tribune, A. U. 693, that the people might re-elect 

tlie sdme person tribune as often as tbey cAose ; but it was re- 

Instead of Papirius, they anciently wrote Papisiua. So Vale> 
aiosfor Valerius, Auselius lor Auieliui^ &G. Ap. Qaudlus ia 
aid to ha¥e invented the letter a, probably from his first using 
it in these words.' 

Lex PBDiA, bv Pedins the consul, A. U. 710, decreeing banish. 
nmit against the murderers of Cssar." 

lex PBouciBA, by a tribune, A. U. 640, against incest' 

lex paasoboiiu, or Pisulama, that if a quadruped did any 
hurt, the owner should either repair the damage, or give upUie 

Lex r^TBLiA de ambUu, by a tribune, A. U. 397, thai candi* 
dates should not go round to fairs and other public meetings, for 
^ sake of canvassing.' 

— . de MBXis, by the consuls, A. U. 439, that no one should 
be kept in fetters or in bonds, but for a crime that desMred it, 
and that only till he sufiered the punishment due by law : that 
'^'oditoffs should have a right to attach the goods, and not the 
PWMns of their debtorB.^** 

de PBCu&ATU, by a tribune, A. U. 566, that inouiry 

■hoold be made about the money tiJcen or exacted from xing 
Antiochos and his subjects, and how much of it had not been 
'''OQght into the public treasury." 

I^ PKTBBA, by a tribune, A. U. 668, tbat mutinous soldiers 
wioald be decimated, i. e. that every tenth man should be se- 
lected bv lot for punishment" 

Lex PSTRoniA, by a consul, A. U. 813, prohibitiuff masters 
""OQi compelling their slaves to. fight with wild beasts.^ 
. ^ piHAEiA amualis, by a tribune, A. U. 633. What it waa 
w ttijoertain." 

Lex plautia vel plotia, by a tribune, A. U. 664, that the ju- 
dices should be chosen both from the senators and equites ; and 
"ome also from the plebeians. By this law each tribe chose an- 
Qttdly fif^^n i» to be judioes for that year, in all 52& Some 


iS^P?"'^<AJ'lv-iv^- » D. i. S. 2. ». Oa. t Pamh Smt. i. 407. 

I g*'-«!h«raMMM. Warn. Van L. L. 9 U*. tIU 16. 

< n!^ Jf» fii. M. {.flLFMUQ^netLi. ISUr.Tdfe. 4 Ob. Or. 3. U. 

iT^ Aa- ». Uv.ISp. S V«ll. P^t il. «9. 11 Lir. xMvriii. M. 4|iiifm tewi tirfba. 

^ 7 Cia If It. O. itt. 10. » Ap]h nrO. av. iLp. gla «t«beuit 


read qumos creabant: thin making them the lame with the 

•— ^ FLOTU de vi, against violence.' 

Lex POKPBIA de vif by Pompey, when sole oonsul, A. U. 
701, that an inquiry should oe made about the murder oi 
Glodius on the Appian way, the burning the senate-house, and 
liie attack made an the house of M. Lepidus the interrex.' 

■ de AHBiTu, against bribery and corruption in elections, 
with the infliction of new and severer punishments.* 

By these laws the method of trial was altered, and the lengtti 
of them limited: three days were allowed for the examination 
of witnesses, and the fourth for the sentence; on which the 
accuser was to have two hours only to enforce the charge ; the 
criminal three for his defence. This regulation was considere«f 
as a restraint <m eloquence.' 

Lex POMPBIA judiciaria, by the same perwn ; retaining the 
Aurelian law, but ordaining, that the judices should be chosen 
from among those of the highest fortune' in the different 

de coHiTiis, that no one should be allowed to stand 

candidate for an office in his abeenoeu In this law Julius Csesar 
was expressly excepted." 

de repetynaie^ de parricidie^^ 

The regulations which I'ompey prescribed to the Bithynians 
were also called lex pomfua.^^ 

Lex poKPxiA de dviiate, by Cn. Pompeius Strabo, the oonsal^ 
A. U. 665, granting the freedom of the city to the Italians and 
the Galli Gupadani." 

Lex popiLiA, about choosing the vestal virgins." 

Lex FORCu. by P. Pordus Lttca, a tribime, A. U. 454, that 
no one should bind, scourge, or kill a Roman dtisen.^* 

Lex PUBLiciA, vel FvbUcia de /usu, against playing for m<»iey 
at any game but what required strengUi, as shooting, running, 
leaping, &c^' 


Lex FupiA, by a tribune^ that the senate should not^ held 
on Gomitial days; and that in the month of February, their 
first attention should be paid to the hearing of embaMies.^' 

Lex QuiNCTiA, A. U. 745, about the punishment of those who 
hurt or spoiled the aqussducts or public reservoirs of water. ^" 

Lex BBQU, conferring supreme power on Augustus.^ 

1 Aw. Ck. Cora. die* eC fortwia ■pectvl Pkll. IL 10. Sail. Qit. 51. 

aacMU. ML Vub dfbnvt. •! 4l««Mu,— 9 App. lM.CiT.H.441. 15 I. S. O. d* dMt. 

vliL a For la ft Jvdg* both 10 U i. Die. M ■«* p. 10, M. 

a Cle. Mil. Ase. \\» raak and fortnao 11 PUa. Bp. s. 8S. MM, 17 Cie. PnU {|. 8. IS* 

4 DU. nsiz. S7. iL 51. an to boMgardod, Ci«i lit. Fas. Li. 

• iUd.Uialo|. Oral. SOl PbiL i. SO. IS Plla. iH aO. IS hoada. da ato^ 

• OK amliaaiBM caaia. 8 Soot. Jal. aS. Dio. sL UaoU.t.lL dact. 

• OK amiiMlBM caaia. 8 Soot. Jal. aB.Dio.ii. U OoU. I. It. dact. 

7 Gk.IV.aO. PhiULS 00. Ajip. BoU. 0«. U. H Liv.«.t. Ck. Kab. It mo p. 80. 
Ate. Ck. viaai k ^a- p^ 441 Ck. Att, viU.8. pw4 S, 4. Vorr. t. tt. 

LAWS or THB ROHANt. 177 

Ltge9 ^■ot.«, laws made by the kings, which are laid to have 
been eoUecled by Paplrios, or, as it was ancieiitiy wiitten, 
Papiaofl^ aooD after the expulsion of Tarqnin/ whence they 
were called fait eitriU pafiriaiium ; and some of them, no doubt, 
wove oopied into the Twelve Tables. 

L$x BHODiA, containing the regulations of the Rhodians con- 
cemtoff naval affiuia, which Cicero and Strabo greatly coni- 
meod,' snpj^osed to have been adopted by the Romans. But 
this is certain only with respect to one claase, de Jactu, abon 
throwing eoods overboard in a storm. 

LegeM de a apa i ui i u is; AdliSy Galpamia, Cocilia, Cornelia, 
Julia, Jttoia, Pompeiay 8erviliiL 

Lot BOsciA theainlu, determining the fortune of the equltes, 
and appointing them certain seats in the theatre.* By this law 
a certain place in the theatre was assigned to spendthrifts.* 
The pa8sin|r of this law occasioned great tumults, whidi were 
allayed by the eloquence of Cicero the consuL' 

Lex BunuA, or more properly deprehan^ containing the re- 
gulatiotts orescribed to the Siciliana by the pnstor Rnpilius, 
with Uie advice of ten ambasBadors, according to the decree of 
the senate.* 

Legee sioaATJi : various laws were called by that name, 
chiefly those concerning the tribunes, made on the Mons Saoer, 
because the petson who violated them was consecrated to some 
god.* There was also a lkx saciuta militabis, that the name 
of no soldier should be erased from the muster-roll without his 
own consent So among the ^ni and Volsci, the Tuscans, the 
Llnres^ and partioularlv the Samnitei^ among whom those were 
eaued aacrati miliies, who were enlisted by a certain oath, and 
with particular solemnities." 

Lex SATUHA was a law consisting of several distinct particulars 
of a diierent nature, which ought to have been enacted 

Lex scATiNiA, vel Soanimia, de nefimda venere, by a tribune, 
the year uncertain, affainst illicit amours. The punishment at 
first was a heavy fine/' but it was afterwards made capital. 

Lex scBiBOifiA, by a tribune, A. U. 601, about restoring the 
Lusitaai to freedom." Another, de eervittUum usucapioni-' 
bme^ by a consul under Augustus A. U. 719, that the right ol 
servitudes should not be acquired by prescriotion, which seems 
to have been the case in the time of Cicero.'^ 

r M« L«z Mmoim. Epit. 99. Mart. v. 8. 7 Cic Verr.Ii.18. 11,1^ 11 Ck. Fun. rliL U. 

3 Cic Tmb. Q«c«t m. OU. szxTi S5. 8 Fast. Cio. Cora. Off. Fkil. iii 8. Juv. li. «. 

J. F«.'uu7l Okmj. SdOToetoribim CiC. iii. ai. Balk 14, U. Qlinct. ir. 8. ril 4. 

It . M. PUL IL 18. Lm. If. 7. Liv. li. 8. Smi. Don. 8. 

i Cic. Img. Mm. 18. 8 Cie. Alt. il. 1. Plat., >S.iuiz.5. is LIv. Bpit. 49. Oc. 

Sudk, 14. Cm. to vhlck V Irgll ia 9 Lir. Iv. 318. vIL 41. Hi. Brat. 88. 

« tM p. 21. Cle. Mar. mppoMd to altada, 88. 38. i. 48. ixzri. 8. J8 Ok. 86. >. 4. D. *• 

19. Jut. bIt. 888. Lir. Am. I. U». 10 rwt. Usac 


Leges srmpbonlb, laws proposed by the Gracohi.' 

1. Tib. 6BACCHI Ae&ARiA, by Tib. Gncchiu^ A. U. 680. thar 
ao one should possess more than 600 acres of land ; and that 
three commissioners should be appointed to diride among th« 
poorer people what any one had above that extent' 

de ciYiTATB iTALis oAiiDA, that the freedom of the state 

should be giren to all the Italians.' 

de HARBoiTATB ATTALi, that the money which Attalua 

had left to the Roman people, should be divided among those 
citizens who ffot lands^ to purchase the instruments of husban- 
dry. These laws excited great commotions, and brought de- 
struction on the author of them. Of course they were not put 
in execution.^ 

Sl C. oraochi FRUMKNTARiAy A. U. 628, that com should be 
given to the poor people at a trient and a seaUs^ or at U of an 
AS, a modiue or peck ; and that money should be advanced from 
the public treasury to purchase com for that purpose. The gra- 
naries in which this com was kept were called horrba sbkpbo- 


Note, A triene and eemis are put for a dextans, because the 
Romans had not a coin of the vuue of a dextans. 

— de pRovmciis, that the provinces should be appointed 
for the consuls every year before their election.' 

■ ck CAPiTR cnriuM, that sentence should not be passed on 
the life of a Roman citizen without the order of the peopW 

de MAGisTRATiBosw that whoever was deprived of his 

office by the people, should ever afltor be incapable of enjoying 
any other,' 

^.^ juoiciARu, that the judices should be chosen from 
among the equites, and not ftwn the senators as formerly.' 

Affainst corruption in the judices.^" Sylla afterwards 

included Uiis in his law defaha, 

— -— de CBNTURUs BvocAHpis, that it should be determined by 
lot in what order the centuries should vote.'^ 

de MiLiTuus, that dothes should be afforded to soldiers 

by the public^ and that no deduction should be made on that 
account from their pay ; also, that no one should be forced to 
enlist below the age of seventeen.^ 

de viis MUNiBNDis, about paving and measuring the pub 

lie roads, making bridces, placing milestones, and, at smaller 
distances, stones to help travellers to mount their horses, for it 
appears the ancient Romans did not use stirrups; and there 
were wooden horses placed in the Campus Martins^ where the 

1 do. nu. i. 7. GiMc 27. I>om. 9. Pan. L 7. Vwr. L II. 

t Ut. K|Ht &S. PloU i Oft. Smtt. 44. T«Mk 7 Cie. Rab. 4. V«rr. r. 10a««abjwil8ioclre«a 

Onee. p. 837. Apr. Onvt. ui. 80. BraU 611 Cat. iv. f. THii««u-. Cw. Cia.Hw 

BaU. Civ. I SU. 9i. olT. iL tL lir. Epw 8 PlaU Graoo. U Sail. Cm. Be|k Ord. 

i Patorc ii. S, b. ft& 60. 9 Aap. Bell. Qv. L383. aae ■. Tf. 

4 lir. Bpll. ie. Plat. 6 Cio.PraT.Co.aBalb. INoT luvi. 86. Cie. IS Piui. One*. 

yottUi might be tnuned to raoant and dismount readily, lliut 
V inril, corpora saku tubficiunt in eqwo»} 

Caiu uraocbtM fint introduced the custom of walking or 
morine about while harannting the people, and of exposing 
the right arm bare, which the ancient Romans, as the Greeks, 
used to keep within their robe* 

Ltx SKMPROinA de fttnort, by a tribune, long before the time 
of the Gracchi, A. U. 560, that the interest of money should be 
regulated by the same laws among the allies and Latins, as 
among Roman dtisens. The cause of this law was, to check 
the fraud of usurers, who lent their money in the name of the 
allies,' at higher interest than was allowed at Rome. 

hex sBKTiLf A AORARiA, by P. SerTilius Rullui^ a tribune, 
A. (T. 690, thnt ten commissioners should be created with 
absolute power for fite T^atb, orer all the revenues of the re- 
public; to buy and sell what lands they thought fit» at what 
price and from whom they chose, to distribute Ihem at pleasure 
to the citiienSy to settle new colonies wherever they judged 
proper, and particularly in Campania, he. But this law was 
pieTented frmsi being passed by the eloquence of Cicero the 

— p de ciYiTATu, by C. Serfilins Glauda, a pnetor, A. U. 653. 
tbat if any of the LAkin allies aocused a Roman senator, and 
got him condemned, he should obtain the same place among 
^ citiiens which the criminal had held.* 

de RKPBTuimis, by the same person, ordaining soTerer 

penalties thao formerly against extortion, and that the defend- 
ant should have a second nearing.' 

SBRTiLiA JUDiciARiA, by Q. Serrilius Ceepio, A« U. 647, 

^t the right of judging, which had been exercised by the 
^uites Bkme for seventeen yearn, according to the Seroproniao 
Iftw, should be shared tietween the senators and equites/ 

i*9 sicRfiA, by a tribune, A. IX. 668, that no one should 
contradict or interrupt a tribune while speaking to the people.' 

^ siLiA, by a tribune, about weights and measures.' 

l^x siLVAMi et CARBOKis, by two tribunes, A. U. 664, that 
whoever was admitted as a citiien by any of the confederate 
■^tes, if he had a house in Italy when the law was passed, and 
K^ve in his name to the prastor,^' within sixty days, he should 
«oJoy all the rights of a Roman citiMn.i> 

^^siTLpiciA sxMpROHiA, by the consttbi A. U. 449, that no 
one should dedicate a temple or altar witliout the order of the 
;^p*te, or a majority of the tribunes." 

*n!u * ^**^ <Hr a >■ MchM ■o«la« nantar, Ck. Varr. L 9 FmC to PvUin P«» 
?^^ J^^^lr ttMda, tnucritebut, Ur. ». R*b. Fostii. 4. <tera. 

{'*^m.\%^\.)H, SBV.7. 1 Citf. Brau IS. 4«. Si. 10 taad prau 

.JT^S*!7*^(M>* * Cic. RaU. Pli. S. Or. IL M. Tm. Am. Itorttw. 

^"'•*- ^^ a at i«iu ce«pM«iil- 8DlM7.TiL17. 12LIt.Ib.4«, 



Lex lULHCiA, by a ooniul^ A. U. 553, ordering war to be pro* 
claimed on Philip king of Maoedon.^ 

Leges iulpicia de enre aUeno^ by the tribune, Senr. Sulpicius, 
A. (J. 665, that no senator shoold cuntract debt above 9000 
denarii: that the exiles who had not been allowed a trial, 
sbould be readied : that the Italian allies, who had obtained the 
right of dtiiens, and had been formed into eiffht new tribes, 
smtild be distributed through the thirty-five old tribes: abo, 
that the manumitted slaves ' who used formerly to vote only in 
tlie four dty tribes, mi|fht vote in all the tribes : that the com- 
mand of the war against Mithridates should be taken from 
Sylla, and given to Jnarius.' 

But these laws were soon abrogated by Sylla, who^ returning 
to Rome with his army from Campania^ forced Marins and 
Sulpicius, with their adherents, to fly from the city. Solpidus^ 
being betrayed by a slave, was brought back and slain. Sylla 
rewuded the slave with his liberty, acoording to promise ; but 
immediately after ordered him to be thrown vom the Tarpeian 
rock for bedraying his master.^ 

Ijeffes suMPTUARiit ; Orchis, Fannia, Didia, Lidnia, Gemelia, 
^miUa, Antia, Julia. 

Lege$ tabwllaum^ four in number.* 

Lgx TALARiA, agauist playing at dice at entertainments.^ 

Lex TKRBRTiA et CAauiuJnimenitiruu' 

Lex TiRENTiLiA, by a tribune, A. U. 991, about limiting tke 
powers of the consuls. It did not pass ; but after great conten- 
tions gave cause to the creation of the decemvirL' 

Legee TssTAMBNTARiiB ; Cornelia, Furia, Voconia. 

Lex TBORU de vecUgamms^ by a tribune. A, U. 646, that no 
one should pay any rent to the people for the public lands in 
Italy which tie possessed*' It also contained certain regulatiens 
about pasturage. But Appian gires a difibrent account of this 

hex TiTiA de quaeioribti*, by a tribune, as some think, A. U. 
448, about doubling^ the number of qusestors, and that they 
should determine tbeir provinces by lot.'* 

— de MuvBBDus, against receiving money or presents for 

AVRABiA : what it was is not known." 

— — de Lusa, similar to the Publidan law. 

de TOTORiBus, A. U. 733, the ssme with the Julian law, 

and, as some think, one and the same law.** 

1 XiT.*nL«. f at M M IhMdMi Ai- 9 ««»■ paUkoi v«. Aaa. A UL «hm 

* ■ ■ t^mr)*, that I tigiai ten " ^ 

S elfw IfttrtM. ckm tibrte, that 1 tigiai tevavit, Ck. «mm nM, im^ttU •( 

tntt.S*L Mar. Ut. nay a»i braak, Ike. Brat. SB. CUl•iu^ THImi. 

Ul. 77. A«c. da. PUirt. MIL etar. IL 8. 10 BalL Or. U p. M. IV Ok. Or.B ILLhi* 

i;rtm.lLlSi % Ck.0r.B.7». \l %. VL 8m AmTSr 

4 ikU. 7 Ma In Caaala. 11 Cie. Mar. S. 14 Joalln. la>Uu AtiL 

• MC p. 77. 8 LW. iS. f^ 10, *e. U Aas. Kplg. 81 Tk. TbU 

VAW9 09 im Boium. 161 

Icjr tmMmmiAy by a tribane^ A. U. 608, aiMfpiag proriacM 
to the ooimils for ^re yean : Spain to Pompey ; Syria and the 
Parthian war to GraaBos ; and prolonging CaBour's command in 
Gaul for an equal timtk Gato^ lor oppoaingthia law. waa lad to 
pnaoB. Acoording^ to Dioy he waa only dragged from the 

ds TBiamna, A. U. 305.' 

Lex TBDinanA, either a law proposed by a tribune, er the 
law laatoring their power.' 

Lex nunmuuiy that no one abonld triumph who had not 
kiUed 5000 of the enemy in one battle.* 

Lex vnuiA da AnBiTo, by Gcero, when conanl; A* U. 690, 
adding to the former poniahments againat bribery, banishment 
for tea years ; and, that no one should exhibit shows of gladia- 
ton for two yean before he stood candidate for an office, unleaa 
that task waa impoeed on him by the testament of a friend/ 

de LBUATioaB uaaaA, limiting the continuance of it to a 

Lex yjubaaiA dt provoeationeJ 

de roa»Airis, A* U. 56% about giYing the people of For- 

Bua the rigbt of voting.' 

ik axLLA, by L. Valerius Flaccns, interrex, A. U. 67 1, 

crtating S^lla dictator, and rati^ring all his acts; which Cicero 
eaUa the most an jiMt of all laws.' 

de guADKAiTTB, by L. Valerius Fkccus, consul, A. U. 667, 

that debtors ahould be discharged on paying ODO-foiuth of their 

Ijex VALBMA HOBATiA de tTibutU camUiu ; de tribmus, against 
hnrttag a tribune. ^^ 

Lex TABiA, by a tribane, A. U, 662, that inquiry should be 
made about those by whose means or advice the Italian allies 
bad taken up arms against the Roman people.^ 

Lex TArmiA dis raoniicue." 

de altemie consUiie rejiciendijif that, in a trial for ex* 

tertioo, both the defendant and aocuaer might for once reject 
ail the judieea or jury ; whereas formerly they could reject only 
a few, whose places the praetor supplied by a new choice.** 

de coLoms, that Caesar should plant a colony at Novoco- 

mnm in Ciaalpine Gaul.^' 

JUget ns vi, Ploiia^ Lutatia^ et Julia, 

Lex YiAUA, de tiis MmrixifDis, by C. Curio, a tribune, A. U. 
703, somewhat similar to the Agrarian law of Hullus. By this 

1 nxh. n» M. tir. 4 VaLlln.ii.8. t Ci«. BaU. lU. S. S. Tuc QwHt. U. »1. 

Kilt. IM. f Oii^ nxTlS. tt. Cie. Bmc 4S. Lan.i. W. V«l. Mu.t. A 

tUv.«.4l.«.Mcp. VikU»S«sU64.1hr. 10 Fktare. ii. Si. m« p. 18 Mas. M. 

111,111. SLacflM. 40. U HbMrdifams, do. 

*P^Aatiiria.V«fr. •«tt. Bi. 8. 11 Ur. iii. U. Mt p. Vat. 11. 

M> RidL i. a. IJT. le. 16So«t.JnL«. 

^^ 8UT.nsnik8flL IS Gi& Brat. M. tt. 

188 motuti AXfigvinn. 

Uw there seems to have been « tax imposed on osniages and 


Lex ▼ocoinA de baebditatibus imJiemm, by a tribune, A. U. 
384, that no one ihoold make a woman his heir,' nor leare to 
anj one by way of legacy more than to his heir or heirk* Bui 
this law is supposed to have referred chiefly to those who were 
ridL* to preirent the extinction of opulent fiunilies. 

Various arts were used to elude this law. (Sometimes one left 
his fortune in trust to a friend, who should nve it to a daughter 
or other female relation ; but his friend ooiud not be Ibroed to 
do so, unless he inclined. The law itself, however, like many 
others, on account of its sererity, fell into disuse.* 

These are almost all the Roman laws mentioned in the cU^ 
slos. Augustus, haTing become sole master of the empire, con- 
tinued at first to enact laws in the ancient form, which were so 
many Tostiges of expiring liberty,' as Tacitus calls them: but 
he afterwards, by the adnce of MsBcenas, gradually introdnoed 
the custom of givinsf the force of laws to the decrees of the 
senato, and eren to nis own edicts.* His snccesson improred 
upon this example. The ancient manner of passing laws came 
to be entirely dropped. The decrees of the senato, indeed, for 
form's sake, continued for a considerable time to be published ; 
but at last these also were laid aside, and every tiding was dona 
according to the will of the prtncOi 

The emperors ordained laws — 1. By their answers to the ap* 
plications made to them at home or firom the proTinoes*' 

—I 8. By their decrees in judgment or sentences in court,'* 
which were either mnBLocnTOET, i. e. such as related to any in- 
cidental point of law which might occur in the process ; or obtk 
Himri, i. e. such as determined upon the merits of the cause 
itself, and the whole question. 

— S. By their occssional ordinanoes,'^ and by their instmo- 
tions'* to their lieutenants and officem 

These constitotions were either general, respeodog the 
public at large; or speciid, relating to one person only, and 
therefore properiy caOed raiviLBaiA, nririleges ; but in a sense 
different from what it was used in unaer the republic" 

The three mat sources, therefore, of Roman jurisprudence 
were the laws/* properly so called, the decrees of the senate," 
and the edicts of tne prince," To these may be added the 

I Ck. r&m. vUL C AM. MoniMl t«1 elanid, Dto. W. II Plfak B^ s 10^ W. 

^1. KoMoTlktlmebu, 9 i« MMripla ad Ubal. Maytt. 

tM«^ak ka Mppttew. •piMo- 14 !•««•. 

• M ««b kvMlMi Tir. •Cia.Slaili.17. OtU. laa,«tfprMaa. IS aaaali 

alMa aami ndlana ss. L 10 Mr4*«n«a. Ifaaui' 

afam,Cb.V«.l.«k 7 TtadiiU aMflairtb S. 11 wraikCavHaaMa. aalaa. 

f a. 4a Baa. & Sab. 8. baruST taflaiiaa. 

t»l m ia i I . Ua. t T«a. A«B.iail.aL IS fan 


tdicU of fH vrnpHntm, chi«flv tbo ftrntan, caUtd jus boho- 
RAUUM,^ Um opinion! of learnedf lavyen/ and cutoai or long 

Tlio titloi and heada of lawi, at tlio tiOai and boginninga of 
bodu/ Dsod to bo writton with Tormilion :* honoo, bobbica ia 
vat for the ciTil law ; thua, nMea vetavii, the lawa havo for- 

The oonatitotions of the emperors were collected hy diflerent 
Uwyerk The chief of these were GrMory and Hermogenea, 
who ikMiriahed under Constantine. Their ooHectiona were 
called coDBX obboobiafus and codbz BBBMOOBBUBva. fiuttheae 
hooks were composed only hy private perMnn The int ool- 
Isction made by public authority was that of the emperor 
Theodosiua the younger, pablished A. C 438, and called oodbx 
nioDosiABus. But it only contained the imperial constitutions 
from Constantine to his own time, for little more than a handred 

It waa the emperor justotian that fiist reduced the Bomaa 
law into a certain order. For this purpose, he employed the 
ttMitanee of the most eminent lawyers in the empire^ at the 
bead of whom was vaiBomAB. 

Justinian first published a collection of the imperial ooniti- 
tntiona^ A. C 6S&, called codbx joanNUBiia. 

Then he ordered a collection to be made of every thing that 
was useftil in the writings of the lawyers before his time, which 
Bve mid to have amounted to 9000 volumes. This work was 
•xecnted by Tribonian, and sixteen aswciates, in three yttn, 
Although they had been allowed ten yean to finkh it. lit was 
published. A, C 533^ under the tide of l>ip|«sli or Pandects^' 
It is sometimes called^ in the singular, the Digest or Pandect 

Tbe saoM year were publiahed the elements or first prindpies 
of the Boman law, compooed by three men, Tribonian, Tbeo- 
philos, and Dorotheoa, and called the Institeles.* This book 
^Nis published before the Pandecti, although it was composed 
after tboBL 

As the first code did not appear suflEkiently comnlete, and 
contained several things inconsistent with the Panascts^ Tri- 
bonian and other four men were employed to correct iL A 
new code, therefore, waa publidied, zvi KaL Dec. 634, called 
cooKx BBPBTiTA pB^LBCTfOBis, and tho formor code declared to 
be of DO forther authority. Thus in six years waa completed 
2[bAtn called cobpus jubis, the body of Roman law. 

'gfcnnwMw,»wai 4 Or. TrteU U 7. Mart. L •. Jm dfik, traat- tog* nhcM mJotwi 

!«• HkS. taknmt, INa. iSU a. laflM, Sat. alrTlN,— 

* ""ilwllaa vl tmpm i nibrioa t«1 nido. IL— aeaa^av* gone rtidy tha wJ-to Wt wl 

■»| w a*M l— ^fcria •FHabV.N.ftHlaaad aa CwtkOT Ikaa «1m i*. Iliha (bva) af «ar 

•yaillai aai, Cifcliw. albMa, L a. Joa prailo- asnU ot Moa eaaita, iHaMhars. 

.U-C^M. tin, qda mlans awl tka lltka af aaiM T aaadaalB tal 4ifNlk 

•J— ilwla T*! ^aa aiiate aw fa dba ^a- law akaptora, FaiaaU. S badtato. 


184 KOHAfi AHTiguiTm. 

Bat when new mertioni aroie, not contained in any of liha 
above-mentioDod boo1i% new dedftons boouna nooessary to 
supply what was wanting, or correct what was erroneooa 
These were afterwards poblMied, ander the title of NovelSy^ 
not only by Jnstinian, but also by some of the snceeedin|r em* 
perors. So that the Corpus Juris Bomtmi CisiHs is made ap ot 
these books, the Institutes, Pandects, or Digests, Code, and 

The Inetitutas are divided into four books ; eadi book into 
BOTeral titles or cJiapters ; and eadi title into paragni|^ ((X 
of which the first m not nambered ; thus, Inst lib. L tit. 3u 
ptfoeip. or, more diortiy, I. 1. 10. pr. So, Inst L L titL x. 
\ 2. or, I. I. 10. a 

The Pandects are divided into fifty books ; each book into 
BOTeml titles ; each titie into several laws, whioh are distin- 
guisbed by numben; and sometimes one law into beginning' 
(princ. for prindpium) and paragraphs ; thus, D. 1. I. 5., «. c 
Digest, fint book, first title, fifth law. If the kw is diTided 
into paragraphs, a fburlih nmnber must be added ; thus, D. 46L 
& ISb pr., or, 48. 5. 15. 13. 3. Sometimes the first word of the 
law, not the number, is cited. The Pandects are often maikad 
by a double/; thn8,j(f. 

The Code is cited in the same manner as the Pandeds, by 
book, titie, and law : tiie Novels by their number, the ohaptei« 
of that nnmber, and the paragraphs, if any ; as^ Nov. 11 & c» S» 

The Justinian code of law was univenally veoeived throogh 
the Roman worid. It flourished in the east until the taking 
of Constantinople by the Turks, A» IX 1453. In the west it 
was, in a great measure^ suppressed by the iriuption of the 
barbarous nations, till it was revived in Italy in the IStii oen« 
tory by nmsaius, who had studied at Constantinople^ and 
opened a school at Bologna, under the auspices of Fnderic L, 
emperor of Germany. He was attended by an incredible num- 
ber of students from all paxts, who propagated the knowledge of 
the Roman civil law through most countries of Europe ; mere 
it still continues to be of great authority in courts of justice^ 
and seems to promise, at least in point of legislation, the ftdfil- 
ment of Itie famous prediction of the ancient Romans oonoen. 
ing the eternity of their empire. 


Tub judicial proceedings' of the Romans were either private or 
public^ or, as we express it, civil or criminal. 

JUMOUIi imOGUMMt. 18» 


JvmdA frivata, or civfl tgiah, mm ooooomiiiff private 

or difforoaoei beiveoii prWate penono. In thoso at fini the 
kiBga prwidedy tbon tlio ooMula^ tho militery tribunoa and d^ 
oanriri ; fmi, after the yoar 389, Iba prater urbamu and pert' 

Tba jodiGial powor of tha prstor urbaims and paregrmm warn 
properly called JvvmicrtQ* and of the pr»ton who preeided at 
crinuiul triab^ goAano.' 

The prartor ti^t be applied to^ on all conri days;* but on 
certain days he attended only to petitions or requests ;* so the 
eoosnla, and on o t he r s, to the examination of causes.' 

On fsonxt-daySy early in the mornings the pr»tor went to the 
fomniy and there, beinff leated on his tribuxud, ordered an aO' 
eauuM to call out to the people around that it was the third 
hour ; and that whooTei had any cause' might bring it before 
him. But this could only be done by a certain form. 


If a jMTson had a qnanel with any one, he fiist tried to make it 
up' in private.^* If the matter could not be settled in this 
manner, the plaintiff ^^ ordered his adverHvy to go with him 
before the pnstor," by saying, u jus toco tb : in jus kamus : in 
JUS vmi : snguBUB An tbuuhaii : in jus ambuiiA, or the like." If 
he refased, the prosecutor took some one prsseot to witness, by 
saying, Lien iNnsTABi ? May I take you to witness ? If the 
peison consented, he offered the tip of bis ear,'* which the pro- 
secutor touched.^ Then the plaintiff might drav the defendant ^ 
to ooort hj force,'' in any way, even by the nedc,'' according to 
the law of the TweWe Tables; si calvitur " . pbdbmtb sTauiT,"* 
■AvuM iRDo JACiTo, injicito* But worthless penons, as thieves^ 
rotkbers, &c;, might be dragged before a jui^ie without this for- 
ma lf tT-*' 

By the law of the Twelre Tables none were excused foom 
appearing in court ; not even the aged, the sickly, and infirm. 
If they could not walk, they were furnished with an open car* 

1 Ck. Or. I. M T*pb TCl ptiMlitM Mi lb. «•! vmn, MbNflm. M nw. 
17. Wmj. s. I. LIv. cfaWu OmitT 17 bjasrapara, 

H.2r.lLal.w*».lM, fdiabMlMtk. 11 aetor ««l pMHw, 18 cbtarto mU», ••» 

lOL • aMtdsUoBniu rae». U». Ir. A. Hm adHrkta, Ob. ft 

%nm *MiU OTBi is hrt. M IaJaaTo«b«t. Pbot P«M. ill. H 4». 

mSU^ •! M •did* im. 7 Plia. Bp. vlt.n IS Tw. Ptor. t. 7. 43. Jav. s. flft. 

arada. B ani lag* agara vaUat. 80. 10 nafstw. 

8 Gfe. Tarr. L 48, A. 9 Htea cavpaMia val 14 avbalM appoM- SB fcgH «ai fc«Hi 

48, 47, 48. T. 14. ^adieara. bat. adanal, Faat. 

Mv. 18. VlM. S. lae. lITWlrm aairfataa. Cfa. 18 H«r. Sat. L B. t. f 8. U PlMt.P«n.iv «. Y. 

An 8. fiiriwi- •• il. pv ^t* l*lMt. Car. v. S. Ma f^ 18. 

afai faUrai, eafiua MytakiKa diiiiinM 48. 


186 BONAiv iMvvgvmu. 

riage.^ But aflerwardi this was altered, and various persona 
were exempted ; as, mafnistrates, those absent on aooount of the 
state, also matrons, boys and girls under age, &c.' 

It was likewise unlawful to force any person to eouit from hia 
own house, because a man's house was esteemed his sanctuary.' 
But if any one Imrked at home to elude a prosecution/ he waa 
summoned* three times, with an interval of ten days between 
each summons, by die voice of a herald, or by letten^ or by the 
edict of the pnstor ; and if he still did not appear,* the proee- 
cuftor was put in possesaon of his eflTects.* 

If (he person cited found security, he was let go : si bhsibt 
(H autem wit, sc aUquU,) gui m jus vogatdm vnonorr, {pmiicom 
verity shall be surety for liis appearance,) kittito, let hbn go. 

If he made up the matter by the way (smio via), the preoesa 
was dropped. Hence ma^ be explained the words of ear Savi- 
our, Blatt V. 25. Luke xii. 58. 



If no private agreement could be made, both parties went before 
the prmtor. T%en the plaintiff proposed the action * which he 
intended to bring against the derendant^' and demanded a writ '* 
iVom the praetor m that purpose. For there were osrtain 
forms," or set words,'* necessary to Im used in every canse.^ 
At the same time the defendant req u est e d that an advocate or 
law3rer might be given him, to assist him with his counsel. 

There were several actions competent for the same thing. 
The prosecutor chose which he pleased, and the pnetor usually 
granted it,'* but he might also refose it 

The plaintiff, having obtained a writ from the praetor, efiered 
it to the defendant, or dictated to him the words. Tins writ it 
was unlawful to diange.'* 

The greatest caution was requisite in drawing up the writ ^ 
for if there was a mistake in one word, the whole cause was 
lest^^ Henoe scaianis vd stjbscbdsrb ihgaw aUeui vol im- 
pingere, to bring an action against one, or cum aUquo JvniciuM 
stmsoanaBB, « niTBiaiBas. But niCAw vel dicaM 

1 Jvatntaoi, f. •. plm- 6 M dm flttnvt. U UnaUm d« malbu !• MMijiimda* 

•tram vel Tectabalun, 7 la bona alas ailtlri^ rabiu oonttftata, Cle. 17 Cie. laT. U. Vk Hw. 
- - - - .. -• « „ - I.a.9«kuiil.8.«fi.fc 

17. qoi bIu |>f bit, 
q«aa feihani Mt, 

e«U.zx.l.Cle. Lecg. tar, tk RMe.Coa.8. 1.8. 9alB.iii.8.«fi.t. 

U.C3.Hiir.8iU.l.ll.76. 8 aetioom •dabtt, ▼*! 14 aetloMM vel J«dl. " 
t D. da In Iw raeud. dieaa wriMtt, Gc «huB d«b«t Tel r«d<te* 

*e. Ut. sV. 97. Val. Vwr. & If. hat. Cm. Ok. 3. Qaln. tamnm a a ri ita t , Cic 

Mj«. ii. 1. 9. W. 7. a. 9 qwua in raua IbIm- tt. Ytn, U. IL 87. a R«c 4. vrilbra*. 

t tadMlnmB nfcgtam dara Tell«C FUat. Per. Har. N. It. la «3bM«ImI, i. •^taMm 

a( raeapUeahin. W- 8. 15 aotaf* ftrMwlaai oirtabtC, SwC ClaWl. 

4 ri fnadathmb eanaa 10 aedoaam pgatobhat. bob Neabat. Saa. Bp. 14. 
latltBr«t,Cifl.^)«iB.19. II faramki. 117. 

• arocabatBr. It varba ca«a « Ha. It la aoUaoaval 

mmouL Fnwflnw. 187 

Mrftr/y L 0,judiee$ dare mtrtUione, qui eautam coffm>tcant^ to 
appoint jndieet to jado of caatati^ 

A penon ftkilled omy in firaniini^ writs and the like, is called 
by CioBvo, LSovLSiirs,' and by <^inctilian, FOBHUiAmiva. Ho 
atttndad on tlio advocatas, to simyest to tham tbo laws and 
fonns; as those called niAOiiAfici dM among the Gveeks^' and 
at amta do amon|r ui^ 

loan the plaintiff required that the dalendaot shoold gifo 
bail for his anpearanee in coui * on a certain day, which waa 
nnallj the third day aftor.* And thus he was said vaoari 
aiuM.' This was also done in a set form prsacrilMd by a law- 
yer, who waa said TADnomnM concipbrb.' 

Tbe defendant was said TioBi dari^ tsI vAOiMomvM fbomit- 
nai. If he did not find bail, he was obliged to go to iwison.* 
Hie fwtttor sometimes pot off the hearing of the caose tea man 
<li8taat day." Bat the paraes " chiefly were said TAOiMomra 
HfiaaaB ami aUguo, to pot off the day of the trial. i2ea eiae in 
wfim o wm w eo^fii, began to be titigated.^ 

In tbe mean time the defendant sometiaNs nmde up^ the 
■ntter privately with the plaintiff, and the action waa dropped." 
la which case the plaintiff was said de ci di$ »€ vol padiemem 
fiemt cam reo^ jud&io ine«m ahmdvitm vol Uberaue, Hie eon* 
'Bttato i<tljudicio coiutiiMtOf after the lawsuit was begun ; and 
^ defondmntk Hiem redamttm, after receiving aecurity from the 
plsiatiffM that no further denmnda ivare to be nmde upon him.^ 
^f a penoD was unable or nnwilling to carry on a lawsuit» be 
vat said hoh fdssb toI boiub noaagui, vel bbfbbibi, bc. jut toI 

When the day came, if either party when cited was not pro* 
■Mt» without a valid excase,^' he lost his cause. If tbe defond* 
*nt was absent, he waa said naaaasBB TADiM0ifiuif» and the 
pi»tor pat the pbiintiff in poasession of his effects. >' 

If tbe defendant was prss e nt» he waa said vaimmoiiium sisibb* 
vef OBIBB. When cited, he said, Uai tu aa, qoi mb vaoatvs bs P 
Ubi IV bs, gm MB gitash ? Ecca mb nai sisto, tu oontba bt tb 
»Ri sistb. The phuntiff aMwersd, Adsom. Then the defend* 
^t mid, Qum ais? The plaintiff said, Aio nmooMy guBM 


the like." This was called imtbiitio AcnomSy and varied ao* 
<^<whag to the nature of the action. 

^^ J*"» B- U* 17 > ttrtio dU T«l Mna. Ur. Ea. 86. Jar ill. piuet. 

£»• IW. H. 8. dte, Ge. Qala. 7. Mw. IIS. U an|dltti • m ami* 

vTlV* ▼• 1> SmL 1S.eeU.vli. i. M litifMNM. ma pclitaram Gte. 

,'■•'• • TsdM Um«c(1,4M< 11 Cic Att. iU 7. Paa. Q^ U, IS. 

»£*g ***'■■ <*^ «iaM«<MwH,i««M« iI.8.giilii.l4.U. ifib. 7,4ab 

M. dl, M Ml, dlmdmdi It iwr«wpawbM •! 17 iIm ■orboval mi 
?^,^Ibb)raL Ci«. kabatpotesUtMisFMl traadcihu, toMptO' lontlM. 
lAl^'B• Clt.<MZ«. aiMd. 18 Mor.S«t.i.9.v.l 

{{^1^x3.8. 11. T ObJimt H. lA. M Pllib Bp. ▼. 1. 

*/^ Vri ■■■■it •PlMl.Pv.U.l.T.IS. 14 cam dhiMTtaMl ▼*! 

'^'•waifalHM. tvMiBMb diArabtt, Mib ab taHan mm- 

Cia.O«fai. SbSD. 

w PiMt. On*. I. a. i^ 
Ck. Mw. n; 

188 BOMiir Axngcinn* 


AcTioM were either reel, personal, or mixed. 

1. A real action ' wat for obCainin|r a thinr to whidi one iiad 
a teal rigbl,* bat vrfiich was po a a e a rod by another.' 

3. A personal action* was agfainst a petson for doing- or 
giving something, which be was bound to do or nve^by reason 
of a contract, or of some wrong done by him to the plaintiC 

3. A mixed action was both for a thing, and for certain per- 
sonal protestations. 


Actions for a thing, or real actions, were either civil, arising 
from some law,' or PBAToaiAN, depending on the edict of the 

AcnoNiis PRCToaiJK were remedies granted by the praetor for 
rendering an eanitable right effisctual, for which there was no 
adequate remedy granted by the statute or common law. 

Advil action for a thing' was called vindicatio; and the 
person who raised it vindbx. Bat this action oonld not be 
brought^ unless it was previously ascertained who ought to be 
tlie possessor. If this ^vas contested, it was called lis vindicia- 
Buiiy and the ptmtor determined the matter by an interdicts' 

If the question was about a alave, the person who claimed the 
possession of him, laying handa on the slave,' before the praetor, 


viKo.ciAS, L e. ptMsesnotiem, mibi dari postvla.' If the other 
was silent, or yielded his right,*' the prietor adjudged the dare 
to the person who claimed him/* that is, he decroM to him the 
possession, till it was determined who should be the proprietor 
of the slave.*' But if the other person also daimed possession/' 
then the prsBtor pronounced an interdict/* qui nbc vr, nbc clam, 


The laying on of handa *^ was the usual mode of claiming the 
property of any person, to which frequent allusion is made in 
the classics.*' 

In disputes of this kind,*^ the presumption always was in fa- 
vour of toe possessor, according to the law of the Twelve Tables, 
81 QUI IN JDRB MANUM coNSBRuNT, 1. o. apud Judicem ducqftmif 


1 aetio !■ rM. T Ge. V«rr. L 4ft. C«c IS ■! rindUdu liU om* Cb.Ila«e.C«i.l&Plb. 

S JM ia re. 8> 14. MfTari ■Mtaknt. Kp. s. lA invtn. bnaa 

S par qun rm mi- 8 •■•■« «i iajidHilo. 14 iatardlMteL aoa eat mmu i^Jca- 

inai, qna ab alki jm- 9 In which Phuitaa at 15 aaaaaa laiaatia, Ur. Ho; aafaM aaa aoMt 
tUatar. patiaiai, IHp. b4«. Bad. iv. & tCt iii. *a, li^kl BoaM, L c fit 

4 actia la pacaaoaa. 10 Jan aadabaU 16 Or. Bp. Haraid. r'AU Deri, Saa. 

« Cte.GBa L S. li a»rm adaicabat IC zii. IflS. Am. i. 4. 17 ia liltbat 

• aetki driUa val lagi. Ttadkaaii. 40. ii. ». M. Pact. !t. nm, 

tiaa ia r«a. U ad asilaai Jidka. ^ 00. Vb(, Mm, a. 419. IS G« IS 

juMCuji PBommwi, 169 

Bat ID an actiOD ooncemiiw Hbeitv, tli« fHrastor ahmvB 4«- 
craed posMsnon in faYoar of medon,^ and Afypiu^ tha deoaan- 
Tir, by doing the contrary ,' by deoreoing that Vii^nia ■honld 
be given np into tho haada of M. Claudiaiy hia client, who 
jlaimod hor, and not to her father, who waa preeent, brought 
destruction on himealf and hia ooUcagnee.' 

Whoever claimed a slave to be ftee * waa said bum uaaaAU 
CAviA MAHo Assnaaaa ; * but if ha claimed a free person to be a 
slave, he waa said n saaviTUTaii AssaaBan ; and hence was call- 
ed AseaaTOiu Hence, lufc (sc. pres$aUia gaudia) tdroq^te mamt^ 
compkxuque auen toto ;* Aasnao, for affirmo, er asaevero^ la 
used only by later writers. 

The expreasion uuam coasBaKBs, to fight hand to hand, is 
taken from war, of which the conflict between the two parties 
was a repreaontstion. Hence vwmcuk^ i. e. mjeetio vel eorreptio 
namts in repr4uaUi^ waa adled vU dmlU et JeHmcariaJ The 
two paitiea are said to have c r e as ed two rods" before the prator, 
u i/ in fighting, and the van^iahed party to have given np his 
rod to hia antagonist . Whenoe some conjectoie that the fint 
Romana determined Uieir disputes with the point of their swords. 

Others think that mndicia was a rod,' which the two partiea >* 
broke in their fray or mock figiit before the protcr (m a straw " 
ued anciently to be broken in making stipnlationa)," the conse- 
quence of which was, that one of the partiea might say, that he 
bad been onsted or deprived of possession " hy the other, and 
therefore claim to be restored by a decree'* of the protor. 

If the question was about a farm, a house, cr Uie like, the 
praetor anciently went with the parties " to the place, and gave 
poaaession" to which of them he thought proper. But from the 
inoreaae of business this soon becaaM impracticable ; and then 
^e parties called one another from court^' to the spot,^ to a 
farm, for instance, and brought from thence a turf;" which was 
Also called vwdiclb, and contested about it aa about the whole 
f^nn* It was delivered to the person to whom the praetor ad- 
iudged the pomesiion.* 

But this custom also was dropped, and the lawyers devised a 
i^w form of process in suing for possession, which Cicero plea^ 
«anlly ridicuW^ The phuntiff » thus addieaMd the defendant ; ** 


5 toelalMliljBbfMa*' 9 Tfmb wl iHtaek 18 hi 
lim of tftuHtm. Tar. 10 UtXsulw t*1 diMtp- pmmutmm. 

Ad«L B. 1. SB. Pint, taatn. IV kmm 

ta^ T. S. lihr. «.««. 11 MlH». m t«it. 041. 1 

lk«iMi»Hfcil;M- lSI«id.T.M. 

H gt« U fliM,— IS paM< 
HarlMart.LU.a. 14 fiil«rdiclo. « 7e^ u mm iMgHtib«i. 

*J?^ Jri la ibutft- a tataiM tolv «CMl- It vUielM dAit. 

190 ROHAll AHTigmTIIOk 

(to contend a4Scording to hw) voco. If tho defendjint yielded, 
the prastor adjudged Dosiession to the plaintiffi If not, the de> 
fendsnt thus answerea the plaintiff, ukob to mb bx jvbb majcux 
coNSBRTDH YOCABTi, iNDB Di B80 TB RBVoco, Then the |metoi 
repeated his aet form/ nmisguB, suPBRanTiBirs prasbntibob, i. e. 
testibttt prasentibus (before witneaaes), istah viam dico. Imn 
viAM. Immediately they both aet out, as if to go to the farm, to 
feteh a turf, accompanied by B lawyer to direct them.' Tlien 
the prstor said, rbditb yiam ; upon which they returned. If it 
appeared that one of the parties had been dispossessed by the 
otbe& through force, the praetor thus decreed, undb va iu.ini 

IUM BBSTiTUAS JUBBO. If not, fio thus decreed, un nubc poaai- 


The possessor being thus asoertained, then the action about 
the right of property "^commenced. The person ousted <n* oated * 
first asked the aefendant if he was the lawful poaseea or .* Then 
he claimed his right, and in the meantime required that the pos- 
aessor should give securitv,* not to do any damage to the subject 
in question,' by cutting down treei^ or demolishing boUdingi, 
&C., in which case the plaintiff was said pbb pradbs, t. -em^ vel 
pro prmde litis vindiciabvm satis aocipbbb." If the defendant 
did not give security, the possession was transferred to the plain- 
tiff, provided he gave security. 

A sum of money also used to be depositod by both parties, 
called SACRAMBNTUM, which fell to the gaining party after the 
cause was determined,* or a stipulation was made about the pay- 
ment of a certain sum, called spONSia The plaintiff said, quam- 


pRovoco. Spondbsnb quingbntos, 9fi, nummo8 vel oases, ai mbus 
BST ? i. e. St meum etse prohavero. The defendant said, apoNOEo 
fluiNGBNTOs, SI Tuus SIT. ThoB tho defendant required a corres- 
pondent Btlpulation from the plaintiff^'* thus, bt tu spondesrk 
fiumoBNTos, Ni Tinrs sit ? i. e. siprobavero turnn nan ease. Then 
the plaintiff said, sPONnim, ni mbds sit. Either party lost his cause 
if he refused to give this promise, or to deposit the money required. 
Festua says this money was called bacrambntum, becaoae it 
nsed to be expended on sacred ritea; but others, because it 
aerred aa an oath," to convince the judges that the lawsuit was 
not undertaken without cause, and thua checked wanton litiga- 
tion. Hence it was called pignus sponsionis.^ And hence /m^ 
nort coniender9f et sacra$nenio, is the same.^' 

fl Ml lf« Ttea doMf«t. «In aaatarf L •» MM- 
StetaMdoiuBlL MiMr. uda MUilM 

__, — 8Clo.V«rr.l.4ft. 11 qala vklv* 

S At }Bff« doiuBlL MiMr, anda MaaiM 9WmU Vur. L. L. iv. f>W|M I 

ni d^Mlu, Cie.C«c. Cm. 1*. Awb. NoC 10 rwtfpatah«(v. tl. 

.(*• ^ . . • MiMkrvt, 11 qaod iaatar Msn. IS Cb. Wamu «k U. 

• fMadotgotobjMi I M aiUl SMniM ta BMti v«l JwbhvMik Or.kMw 

JumcuL ntocBnmfOB. 191 

9aanmeniitm is aometimM put for the mli or eaute itself,^ 
Mcnuwgai/ipin iJt Ubertaiem^ i. e. cozcsa e/ vindicim lidertatu, the 
daim of liberty. So spoiitioicn rACSRs, to ralie a )aiV8uit; 
tponswme laoessere^ certare, vineere, and also vincere tponsicfnmn^ 
DT judichtm^ to preTail in the caoee ; amdenmari iponrionU, to 
loM the cause ; iponnonet, i. e. cauuf, prokibUm Judicariy 
causes not allowed to be tried.* 

The plaintiff was said 9acramento yel sponsiane provocare, 
rogare^ munrere, el $tipuiaru The defendant, contendere ex 
vravoeaiione Yel eacramento, et restipulari,* 

The same form was used in cbumini^ an inheritance/ in cUim« 
ing senritudesy &G. But, in the last, the action might be ex- 
piessed botb affimiatiTely and neffatirely; thus^ aio, jus assn 
vel RON asax. Hence it was called actio consbssobia et iiaeA- 



FsaaoiiAii actions^ called also coHDiCTioraSy were very nnme* 
roui. They arose from some contract, or injury done ; and r^ 
qoired that a penon should do or giye certain Uiings, or suffer 
i oertain punishment. 

Actions firom contracts or obligations were about buying and 
Mlling;* about letting and hiring:' about a commission;' 
putneriihip ; " a deposite ; ' a loan ; " a pawn or pledge ; " a 
wife's fortune « ^* a stipulation,'^ which took place almost in all 
bar||;ains, and was maae in this form : — An sporobs ? Spohdbo : 
As oAiJs ? Dabo : An pbomittis ? pbonitto, tcI repromitto, &a'^ 

When the seller set a price on a thing, he waa said inoicaeb: 
^Qs, iHDiCAy VAC pRBTinu, Bud the buyer, when he offered a 
price, LicBBi, i. e. rogare mto pretio uceret auferre.^ At an 
■nction, the person who bade ^ held up his forefinger ; '' hence 
^9ito Ueeri, The buyer asked, qvabti licbt, sc. habere vel 
^^«iTei The seller answered, decern manmie licet ^ or the like." 
'Hiiis some explain de Druei hortiSy quatUi Uadsse (sa eas 
^mers), tu ecrwU axidieram : eed quatUi ^ruoitf i, bene emUur quod 
''fcesee eetJ^ But most here take Hcere m a passire sense^ to be 
valued or appraised; quanti quanti^ sc ticent, at whatever 

*J**i|«p«IM0M|€l0w iMtlMM: loealMtar TtM. mhos, et sloilU, Baeehld. Iv. ^ 
0^ n. wl 4omi T»l todM, foa nUm r<«wtw; 15 Pkat F^ Ir. 4. SI 

'uc.Ooa.9l. Ma V. val not fMUndMB, mitM Mtom damu Stieb.LS.68LGl0.Vt1; 

li IkitstMW 

17 ladaK,Clfl.1bu1l. 

18 Plant, b. tiL A, SS. 
trvr . yiw— T«i aw. mm,m%wmfw%mm.m.^^ 19 Ym wHta M how 
* P*> B««. Can. IS. mm Jlunhirar, pondw*. mowro Til BMch tbm atM of Dr*. 

Y^,««.IL|.fcV«r. 77m«UUi. MMaia dwl mImU , •")•!;■'••* S^* ^ 

>"*»♦• SI PmC SdtMdcuto. lid* hfpatkM *•! Uwdtfltb^: but 

4 b h«f«dttBti« Mtf • S 4» dapMiM %fmi W vin«M. b* wlwt it vlU. tUtm 

^ MMlMa. M ii dflli wl « •«©. to «• tytog tpo <Mf 

jrlJ!*r*>*W d M» W ^ Maaadata val ria. for a afng wkali m« 

/■wau aalna.iwOBria MaB»> IS da atioNlatleaa. a'lal hnn^-USk. AlU 

• «a lacBii«M 0t mm- 4mm mAm, UbfM. M Flaal. PmwI. Iv. C afl. SS. 

->^uoa.w. ■U.w. val aaoa laolMdaa, nmtao Mtaa damu 

^f A M. {^ita. 81 «« Ml MstifU; adlM aa, pro ^bM aUa rvd. 

' ^'Vm.LlS. ni.17. eawlaetar InqaUiaaa, daalor ajaadam fana- 

«^(^8. 18. 81, «L fairfl Mtona; apwla ria, st aaamw, trw 

. P^iB.l9.BMa.Caa. iadaa|>tor, vaotlgalto «Mtu, vlaaa, ala- 

1 ^*'** . laMto aaaa val aaa- ma, at fara calara. ^aa 

if^3*»-Caab IS. Mpadleabatw. vondafa, wuawn Tal 

199 namjjf AHTiguiTiBt. 

prioe.^ So vembmU gmmd UoAmd (wbotver shall be ippnted, 
or expoMd to lale, sball be sold) praseHti peaatia, for ready 
money.' Uniui assis mm unguampreiio pbtris Heuuie, noiwUe 
judke quo noiti popuhy was nerer reckoned worth mofo than 
the Yalue of one as, in the estimation of the people, &a' 

In Torbal bargains or stipulations there were certain fixed 
forms* osually observed between the two parties. The per- 
son who required the promise or obligation^ 8tipvi.a.tor,^ 
asked' bin who was to give the obligation,^ before witnes- 
ses, if he would do or give a certain thing ; and the other 
always answered in oorrespondent words : thus, ah bahis ? 
Dabo vel DABiTUB. Am spomdbs ? SpoKDia Any material diange 
or addition in the answer rendered it of no effect The 
person who required the promise was said to be aaus snpv- 
LANDi ; he who gave it, reus phomittkndi. Sometimes an oath 
was interposed," and, for the sake of greater security,' there 
was a second person, who required the promise or obligation to 
be rej^eated to him^ therefore called astipulator," and another, 
who joined ia giving it, ABpaoMissoa. Ffos jvssor vel sponsor, 
a surety, who said, bt rqo spovdso wax kog^ or the likc^ 
Hence, attipulari irato contuJU^ to humour or assist^^ The per- 
son who promised, in his turn usually asked a oorrsspondent 
obligation, which waa called rbshpulatio ; both acts were 
called sFOHsxOi 

Nothing of impoitance was tnmaacted among the Romans 
without the rogatio, or asking a question, and a oonrenoadent 
answer : ^ hence WTBaaooATio for stipolatio. Thus also laws 
were passed; the msgistrate asked, booabat, and the people 
answered, uti booas, sc w^mmuJ^ 

The form of ■angipatu), or maMcmimn^ p$r ms et Ubrom^ was 
sometimes added to the stipui^tio.^* 

A stipulation oould only take place between those who were 
present But if it was expressed in a writing," simply that a 
person had promised, it was supposed that every thing rsquiaite 
in a stipulation had been obseired."^ 

In buying and selUng, in giving or taking a lease,^' or the 
like^ the bargain was finished by the simple consent of the par- 
ties : hence these contracts were called conbicnsuales. He who 
gave a wrong account of a thing to be disposed of, was bound to 

1 RterU tI. M. 4. bat. 5. last, im laattL SHp. S. 8t. 

S -PlMl. Men. T. 9.97. 7 proalMor v«l npro. PbMt.Trin.T.&t4.nL H iiwiii mmiinh. 

S Rer. S«T. 1. 1. IS. BiMor. PUat. At. U. Cue. t. %, 74. DUb 19 Sen. Bm. idTlS,. m« 

^.'*'R***i*"*" <"*«■' ^ ^ P**"^ L 1* "<• • "t JMte «l CODTMto *b 7i, ML 

1«, Cw. Lng. U 4. f«l for bMk word* vymX ffrabn cwMit. iV Cta. Lcff^. U. ». n. 

.Co«. forth* MM thlag.(S. 10 Cb. gnfa. 19. Pfett. 

.*• . T. 2. 68. T. 8. SI. 81 mi ■mcibaL PImI. 

• tM ««l proaittl ea- Cko. a««. Cam. 4. 19. Rod. ▼. f . 41? 

»^^ ▼■ ■peuioMoi 8 PUmU Rtid. v. S.47. 11 Uf. xads. 9. *••!. 

JuMttu Pm«4. 1. 1. III. It. % Oe. All. ▼. 1. Rms. 

S ngikil V. blBrvfi. 15.BMA.tar.8.4Lfc Aa. 9. PlMk Trin. v. 


maikt np Ike &amafi&. An MniMi poiny wm rnmetAmm 
|rif«Dy iMt to oonfirm, bvt to proTO the oblintaon.* Bal ia dl 
importaat ooatiMti, bonds,' IbmuJly wriltMi oot» Bipod, ond 

oeaJod, woio mulBaUy ozcfaangod betwcon tho [Mutios. Tboo 
Aogustot and Antony ntifiod their agfloenont about the parti- 
tion of tho Boman pronncel^ after the oTorthrow of Brutni and 
Goaeina at Philippi, by giving and taking recipffocally written 
ohKgationa.* A diifTerenoo hsring aflerwards arieen between 
Caenr, and Fulna the wife of Antony, and Lndoa his brother, 
who nwinaged the affiiin of Antony in Italv, an appeal was 
mado by GsBsar to the disbanded veterans; who, having aasem. 
bled in the canitol, constituted thonselves judges in tho cause, 
and ^[»pointed a day for determining it at UabiL Augustus 
apoeared in his defence; but Fulvia and L. Antonius, having 
faued to cohm, ahhouah they had promised, were eondesHMd 
in their absence ; an^ in c^mfirmation of the sentence, war 
was dedarad against them, which terminated in their defeat^ 
and finally in the destruction of Antony.* In like manner, ^ 
attides dT agreement between AugiHtus, Antony, and Sex. 
Pompeini^ were written out in the form of a contract and com- 
mitted to tho charge of the vestal virgins. They were farther 
oonfirmod by the parties joining their right handi, and oa»> 
bradng one another. But Augustus, says Oio, no longer ob- 

When one sued another upon n written obligation, ho was 
said Offen aau to ear sthobapha.' 

Actions ooneeniing bargains or obligations are uaually named 
ACTioma VHpHj 9m£iif ioeaii vel ex iScaio^ ccmdudi vel ear con. 
dudOf mandatif ftc They were brought ' in this nman«r :— . 
The plaintiff said, aio tu nim hvtui coHnonATi, nBrosin 
noKUfS, ttABS CBfWM oponTSBB; Aio m nmt sx svifulatu, 
LOCATO, DARB PACBUB opoBTBBB. Ttio defendant either denied 
tho chasge, or made exceptions to it, or defences,' that ia^ he 
admitted part of the duurge, but not the whole; tbus,vBao hb 


spoPonoL Then followed the spovsio, if the defendant denied, 


OBBKAV ; but if ho excepted, the ^^om»io was, vi oolo adducws 
spOPQHDiBn; and tho reHipuiaiio si dolo addoctus spopom- 


An exception was expressed by these words, si nob, ac si 

10 la tU« Ci««i« ■!• 
ladaa, lav. U. 1«. ITim 
I lalcU- S. ?• AU. tL k 
Ir. M. ' • Die. sIviB. «. 4ft. batar 

t ifffMiw. 7 Ofc Mar. 17. •Mtbau 

1 aite ▼. arAak* 4 tfniiawiai ■yafi*- B iataadakaatw. 

S Ch. OC ill.M. iMl. pk^DkbilrUi. 8. 11.- • Mtorls iaim 

ILn.fbVMiwU L. ft Oi*. livU. It, *«. MtMcahtfvvl 



iroir, kxn ti, aut niii. hiii qvoo, kxtba quah ti. If the plaintiff 
answered the defendant's exception, it was called rsflicatio ; 
and if Uie defendant answered him, it was called naniCATio. It 
somednies prooeedechto a tbitligatio and quapruflicatio. The 
ezcentions and replies used to be included in the sponsio.^ 

V/nen tiie contract was not marked by a particular name, the 
action was called actio paj»CRirtxs tbrbis, actio mcerta vel tsi- 
eerti ; and the writ ' was not composed by the prstor, but the 
words were prescribed by a lawyer.' 

Actions were sometimes brought against a person on aooouot 
of the contracts of others, and were eaUed a^gectitia qualitatu. 

Am the Romans esteemed trade and merchandise dishonour- 
able^ especially if not extensire,* instead of keeping shops 
themselres, they employed ilares, freedmen, or hireunga, to 
trade on their account,' who were called nrsTiTORU ; * and ac- 
tions brought against the trader,' or against the employer,* on 
account of the trader's transactions, were called actionbs msn* 

In like manner, a person who sent a ship to aea at his own 
risk,' and received all the profits,'* whether he was the proprie- 
tor " of the ship, or hired it,'' whether he commanded the ship 
himself," or employed a slave or any other person for that par- 

EMe.'* was called navis bzebcitor ; and an action lay against 
m '' for the contracts made by the master of the ship^ as well 
as by himself, called actio kzbrcitoria. 

An action lay against a father or master of a frmily, ibr the 
contracts made by his son or slave, called actio db pbcolio or 
oetto nm ni rbm tbrso, if the contract of the slave had turned to 
his ma8ter*s profit ; or actio jussu, if the contract had been made 
hy the master^ order. 

But the &ther or master was bound to make restitution, not 
to the entire amount of the contract^" but to the extent ^ the 
veaiUum, and the profit which he had received. 

If the master did not justly distribute the goods of the slave 
among his crediton^ an action lay against him, called actio tri- 


An action also lay against a person in certun cases, where 
the contract was not expressed, but presumed by law, and 
therefore called ohUgatio quasi kx coBTRAcnj; as when one, 
without any commission, managed the business of a person in 
his abeenoe, or without his knowledge : hence he was caUed hb- 


1 LIT. ods. 4t. Ci«b f Ml 
V«r. L 40k Ui 97. M. 
Cm. le. VaL Mu. U. 

t feravla. T h 

tVjd.llu.Tffl.&S. •!■ 

«Cla.0S.I.4ti. twm 

• qM^MgDll* 

.naribmittabtt. IS titv IpM uvis 

10 9A ^pmoL oanM ol^ daur 

« aavls MrvMlmt. If la 

11 daalaaa. nat, val dafeatw. 
M aavaB *w araf 16 aaa la aalMaa. 


JvmcuL pBOcnomM. IW 

3. PBHAI. ACnOHt. 

Acno5S for a priTiie wron^ were of four kinds: kx ivbto. 
KAPiHA, DAMMOy cuuBiA ; for thoft^ robbery, damage^ and penonal 

1. The different ponbhmentB of thefU were borrowed from 
the Athenians. By the laws of the Twelve Tables, a thief in 
the nif^ht-tinie might be pot to death ;^ and also in the day- 
time, if be defended himself with a weapon,' but not without 
having fint cslled out for aisistanee.' 

The punishment of slaves was more severe. They were 
aoonrged and thrown from the Tarpeian rock. Slaves were so 
addicSed to this crime, that they were anciently called vuaas ;* 
and theft, sbbvilb pbobbum. 

- But afterwards these punishments were mitigated by various 
laws, and by the edicts of the praetors. One caught in maniftst 
theft ' was obliged to restore fourfold,' besides the things stolen ; 
for the recovery of which there was a real action ' against the 
penMasor, whoever he wasi 

If a person was not caught in the act, but so evidently guilty 
that he could not deny it, he was called fur vac marirstus, and 
was punished by restoring double.'* 

When a thing stolen was, after much search, found in the 
possession of any one, it was called fubtum cohcbptvh, and by 
the law of the Twelve Tables was puni^ed as manifest theft^ 
but afterwards, as/vrtem nee mamfeiium. 

If a thief, to avoid detection, offered things stolen^* to any 
one to keep, and they were found in his po sses sion, he had an 
action, called aciio fvbti oblati, against the person who gave 
him the things, whether it was the thief or another, for the 
tri Die of their value. 

If any one hindered a person to search for stolen things, or 
did not exhibit them when found, actions were granted by the 
pnetor against kim, called actiones fubti PBOHmn €t rob xzm- 
am ; in the last for double." What the penalty was in the first 
is uncertain. But in whatever manner Uieft waa punished, it 
was always attended with infiimy. 

S. Robbery " took place only in movable things.^ Immo- 
vable things were said to be invaded, and the possession of them 
waa recovered by an interdict of the prSBtor. 

I ■■■wteMfl«)f<utn t»«Mll(«ilt)addki. qaid iamUi ftdMt, T Tfaidlntlo 

fafl, aia («l aw^ vli ■ i«r, <i*IL %\. miL ••dnt mm tatta H- 8 O^ll. zL 18. 

f wd MM iiM It, ^ im!— what wlU MC- 9 m* p. IBf. OdL ihU. 

" " " ' 1*.1.4. 

fflQb J«(V OMW arta. latanatwa* aral, ^ ton do, whaa tklavw laat 
; at boi iutmm SkU, rilarat, I. m, alaaMnl an aoaaiaoioM I Hor. lU rca favtivaaval ftwto 

«■ alHdb aada (hi) Qmirtlaa, vaatna ft. ISp. i. ft. 46. Taa. Hbb akhtaa. 

lfaatel*aa^|cMK< tai, aa. iMilan, wl 1*48. 11 PlaaU 7. HI. 1. v. ftl. 

He. Tarbanlnr, nB. pano Qairitta. ft iat Awto aaaliBato. IS raplaa. 

«M, «■! tetMB IM- «^bg. Bel. IS. Ift. ft qwdrmata^ 13 ta nbu aoUIIhia. 

196 ^ ROMAN ANTfgUITim. ' 

Although the crime of robbery ^ was much more pemieioiis 
than that of theft, it was, bowerer, less ieverely punished. 

An action' was granted by the jNr»tor against the robber,' 
only for fourfold, racluding what m had robbed. And there 
was no difference whether the robber was a freeman or a slave ^ 
odIt the proprietor of the slave was obliged, either to give hiia 

vpy ^ P^y ^^ damage.' 

3. If any one slew the sUto or beast of another, it was called 
DAMsmf oiJUBiA DATCM, L 0. dolo vel culpa nocentit admismtm, 
whence actio vel judicium damm imjuria, sa daii,^ whereby he 
was obliged to repair the damage by the Aquiliaa law. Qui 


its highest value was for that year,) tantum ais dark domino dam* 
MAS BSTOb By the same law, there was an action against a pei^ 
son for hurting any thing that belonged to another, and also for 
oomipting another man's slave, for £>uble if he denied.' Tbers 
was, on account of the same erime^ a praetorian action for 
double even against a person who confessed." 

4b Personal injuries or afl&<»nts' respected either the bodv, 
the dignity, or character of individuals.-— They were variottsi/ 
punished at different periods of the republic: 

By the Twelve Tablei^ smaller injuries'^ were punished with 
a fine of twenty-five asset or pounds of brass. 

But if the injury was more atrocious ; as, for instance, if any 
one deprived another of the use of a limb,^^ he was punished by 
retaliation," if the person injured would not accept of any other 
satisfaction.^ If he only dislocated or broke a bone,^^ he paid 
900 assetf if the sufferer was a freeman, and 150, if a slave. If 
any slandered another by defamatory verses,^ he was beaten with 
a club, as some say, to deatb.^ 

But these laws gradually fell into disuse, and, by the edicts of 
the prfttor, an action was granted on account of ul personal in* 
juries and affronis only for a fine^ which was proportioned to 
the dignity of the person, and the nature of the injury. Hua^ 
however, being found insufficient to dieck licentiousness a^d 
insolence, Sylla made a new law concerning injuries, by which, 
not only a ciril action, but also a criminal prosecution, was 
appointed for certain injuries, with the punishment of exiis, or 
working in the mines. Tiberius ordered one who had written d^ 
famatory verses against him to be thrown from the Tarpeian 


1 «te«i rapiu. In duBluB, 1. 1. priae. IS ••• b. 151. Ikwitod hla, «•! 

8 wtioTiksMNUBfrnp- D.d«Mrv.ciocr. Mquiotas fMltall, L mb luMna !■ «wb 

«w«a. 8Lft.».B.IUd. a. m bco vH cignitw, oMnlMhwt. 

8 to i»p«ei«m. 9 l^}vte. Mil, Odl. u. I. M H«r.Sa. S. I v.iL 

4 ••■ a4iiB Mhra. 10 iajwia kvlorcs. 1» si nb aUqacni nib- Kp^ IL 1. «. IM. Gmv. 

» ^raa pnNtera. U al iMiiferaa m|Mit, liet dlAjMiMC, •S«m Km Sm. kCie. A^. 

t Ok Rok-Cmi. 11. L •. nip«rit. advom* hmtm mmm dr. Oi & «. U. 

aimtma falleiMtmi IS ulkw*. wmrUmMiiMl. tf. 17 QAxK.hDkaMSM» 

jomciAL PBOCBmniat. 197 

Ad wcHam niglii also be rmtd af^ainst a penon for an Uijiiry 
done by those under his power, which was adled actio vozaus ; 
ti^ if a dare oommitted theft, or did any damage without his 
mafller's knowledge, be was to be giTen up to the injured per- 
son : * and so if a beast did any d^age^ tne owner was obl%ed 
to offer a compensation, or give up tm beast.' 

There was no action for ingratitude,' as among ^tbe Mace- 
doniaaSk of rather Persians ; bMause, my* Seneca, u\ the courts 
at Borne* would scsroely have been sufficient for trying it. He 
adds a better reason; quia hoc crimm in legem caaere mm 


Actions by which one sued for a thing' were called aetumee 
an FBBsacuToaut ; but actions merely lor a penalty or punish- 
ment were called pobi ales ; for both, mizt& 

Actions in whidi the judge was obliged to determine strictly, 
sooording to the oonTontion of parties, were called actianee 
sTsicn jvMs : actions which were determined by the rules of 
e4)uity,' were tilled ABBiTBAaui, or bona fidei. In the former, 
• «rtai« thiiv. or ItM performuM of » Mrtain thiiig • wiyi r.. 
paired; a eponeto was made; and the judge was resUncted to a 
certain form : in the latter, the contrary -of all this was the 
case. Henoe, in the form of actions bcnsfidei about oontradL 
thew words were added, xz bora piob ; in those trusts called 
Meam^ vt rttsb bonds bbkb agibe opobtbt, bt sine pbauda* 
noBE; and in a question about recovering a wife's portion after 
a divorce,' and in all arbitrary actions, quabtum vd gum 



Atteb the form of the writ was made out," and shown to the 
defendant, the plaintiff requested of the prastor to appoint one 
P«t80tt or more to judge of it^' If he only asked one, he asked 
A judex, properly so called, or an arbiter : if he a^ed more 
than one,^ he asked either those who were called recuperatores 
or centnmvin. 

!• A JUDEX judged both of fact and of law, but only in such 
^^^^ as were easy and of smaller importance, and which he was 

^^■»«M, iMdMl* lonintBoniMriiiil- f Sm. Bn. ItL C, 7. U CMMtpUMtloatola. 

"^"■•t tuttm ftatt, ML iamud ■■tiamioii t nn MrMOMbslaib toBtioiit. 

■«««»• iiirit,»w«- ciiH Otartoi al Mlh, 7«a^M»«flMnM. It jadlDrai««l>dicfeM 

v^** *• wiMMB 9f ^aod Bosii, «Ut»* 8 e«rU ynuUtki. ia mbi a pratora j»w 

^^MmmUiktK. Swiiolairalk 9 la arfcSiria nla»i& (alabal. 

"rJ^^'npM fnf- « ••«{• Tan, m. trh. 10 Ctc. Off. ffl. K. U. U JwUclaiB. 

"*■> ^MM, futt, lr.h.ft. RMe4.Tap.17. 

R 3 

198 BOHAN mnQUlTUi. 

obliged to determioe according to an exprea law or a certain 
fomi prescribed to him by the prietor. 

2. An AKBiTsa judged in ihoee caines which were called boms 
fidei, and arbitrary, and was not restricted by any law or Ibrm/ 
he determined what seemed equitable, in a thing not sufficiently 
defined by Law.' Hence he is called bonorabius. Ad arbUmm 
yel judtcem ire^ adire, oonfugert^ arbitntm gionere, eopere ; 
ARBiTBUM ADioBBB, L t. od orbUrum agere Tel cohere, to force 
one to submit to an arbitration ; ad aAumm vocare vel appe^ 
lere ; ad vel apuo JUDrcBM, agere^ experiri, liiiffore, pHere ; hot 
arbiter and judex, arbitrium And judicitan, are sometimes con« 
founded; arbiter is also sometimes put for tbstis, or for the 
master or director of a feast, arbiter bibendi^ arbiter Adrim^ 
ruler of the Adriatic ; marxs^ baring a prospect of the sea.' 

A person choeen by two parties by compromiae/ to determine 
a difference without the appointment of the praetor, was also 
called arbiter, but more properly coMPBOMissARros. 

3. Bbcupbbatobbs were so called, U;canse by them every one 
recovered his own.* This name at first was giTen to tiiose who 
judged between the Roman people and foreign states about re- 
covering and restoring private things ; ' and hence it was trans- 
forred to those judges who were appointed by the prastor for 
a aimilar purpose in private controversies ; but afterwards they 
judged abo about other matters/ Tliey were chosen ftesn 
Roman dtimns at larffe, according to some; but more properly^ 
according to others, from the juoicbs sblbcti ; * and, in boom 
cases only, from the senate. 8o in the provinces,' where tfaey 
seem to have judged of the same causes as the centumviri at 
Rome, a trial before the recuperatores was called judicium 
BBCuPBRATORinM, ctoii oliquo recuperatores sumere, vel eum ad 
recuperatoree adducere, to bring one to such a trial.'" 

4b Ckntunviri were judges chosen from the thirty-five tribes, 
three from each; so that properly there were 105, but they 
were always named by a round number, cektuhviri.^' The 
causes which came before them ^ are enumerated by Cioerow 
They seem to have been first instituted soon after the creation of 
the praBtor perofprinus. They judged dilefiy concerning testis 
ments and inheritances." 

After the time of Augustus they formed the coundl of the 

1 todu rci ulMtrtu lOt. SaB. CM. Sk Iat. «h» litl of MffM, Or. fl. ML H. iiU 11. 

bsMt etpoteiUtan. IL i. Hor. Od. I 3. iU Plio. Ep. Ki. 80. Lir. ^ 

lPMt.C«e.R4ne.C*ai. 7. £1. Bp. L ll.aS. sliiLaL 10 

4, 5. Off. lU, K. Tra. 4 « oonpromiMO. 9 es connnta Robmo- Vtspk 8. LIt. slBl. t. 

Id. S«B. Bm. lii. 3. 7. A llisopk. last. mm eirinm, L «. « 11 ¥•»!. 

• Cio.TMii.T.41. Pat. e Fmi. ia raefpwatla. Boom^ dfilbma q«l IS •anM entuvl- 

17. Rmc. Cob. 4. 8. 7 Plwtt. Baodk. K. a t. Jarla •• MMowa ralM. 

or. ill. M. Top. 1«L as. »c. Gao. 1, &e. eaaaa lacwtaa looaa IS 0I& Or. I. I8l Om, 

An.S9.Mor.lS.Qalii. GmIL 17. lir. bxtI. ooaToairo Mlatent, m« 18. VaL Hat. vil. f . 

8. n«. 88. Tor.llaa. 48. Swb Nor. 17. Dmd. p. 134. Cie. Von-.l. IS. Qala. It. I. TTnia. It. 

^. l.84.Adol.l.S.4]l. &a«iLsx.l. Bk II. 13. 88. SB. t. 9. Csi. 

PlMl. Bad. hr. 3. 89. 8 « albo Jadkaa, lh» a& 39. 69. Oat. Boa 

J1IBIGI1& FBOcnqmicf. 190 

prstoi^ and judged in Ui« oMMt impottant caoMS^' whence triab 
bofoie ttiem* are aometinica dirtinguiahed from priirate triala; 
but tboaa were no4 criniinal trials, aa some have thought^' for in 
a certain lenae all triab were public* 

The number of the Centumnri waa increased to 180, and 
ihcy were divided into four oouncili^ benoe guAnauAbSX juotGnm 
it the aame aa ckntumvibalb; soraetimea only into two, and 
sometimes in important causes they judged all together. A 
ouue before the oentumTiri could not be ujoumed.^ 

Ten men* were appointed, hire senators and Hyb equltas, to 
assemble these oouncib^ and preside in them in the absence <tf 

Triala before the centumyiri were held usually in the Basilica 
Julia, sometimes in the forum. They had a spear set upright 
befne theaoL Heneej w c ftci'i m i fuuUB, for caiiTUNviiULB, centum' 
viraimi hutam eogen, to assemble the oourts of the oentttmriri, 
aad preside in tfaieau 80, cbhtum obayis basta TiRoavM, the 
tribunal of the centumrirL Ceuai atnttni moderatrix jwHcU 

llie centnaTiri continued to act aa judges for a whole year, 
bot the other judioee only till the nartiGular cause was deteiw 
mined for which they were appointea. 

The nncBiiTiBi also judged in certain causes, and it is thought 
that in particular casea tlMy previoudy took cognisance of the 
cames which were to come before the centumnri, and their 
decisions weie called pBAJumciA.' 


Of the aboTe-mentioned judges the plaintiff proposed to the 
defendanty^^ such judge or judges as he thought proper according 
to the words of the <|Wfi«iio, hi ita bmbt : hence, judicbm vel -es 
tBRRB AUGu^ MI ITA BsaBT, to uudertufce to proTo iiefoxe a jadge 
w jury that it was so,^^ and asked that the defendant would be 
content with the jadge or judgea whom he named, and not ask 
Another.^ If he anprored, then the judge was said to be agreed 
^t GovyBNiBB. and the nlaintiif requested of the pra»tor to ap- 
point him in these wor^ FBiSToa, judicbm abbitbuwtb postvlo, 
VT DBS m oiBM nanim srvB raBBNoncuN, and in the same man* 
>i«r rtcuperatores were asked." Hence, judioesdaref to appoint 
one to take his trial before the ordinary judices.'^ But centum- 

• TJ^IL^'*"^ **• *>• Q^>> ▼• ■• si- »• MarUBalv. vfl.«8. IS MiKui vroQUvL L 

a 1ni*l^''>"**ln>>^ ^ *& ^^■>* >■«• ^ "^ SyW. ^4 O. e. poM«vt,Tert. 

*J"^^M>18.Tl.4. 8.1. 9SISMI. Jodia. Cla. M OkT V«rr. HI. M. 

^P^ W, L T. It. Ji HwH ii. M p. 18. Cm. tt. DM.m Mar. la. Q. Bow. lA. 

4w3lZ*'^*^ 7 8Mt.A«g.M. M adrvMri* teahit. Cla. 4S. V»L Maz Ik 

itSri WhHca, €fe. 8 nia. Bpb U. M. Val. 11 Lir. BL M. 87. vW. a 8. Prob. U Nolk. 

ipStZ , Ma.*tt.8.4.galacu 88 Ck. gria. 15. Ur. M Flia. Bp. W. 8. 

*'lia.ap,i.l8.lT.8l. ▼.t.aiL».8««UAas. ii.6». 

SOD wxauM joifiginTiv. 

viri were not askad^ itnleas both parties rabtorlbed to lliena.* If 
the defendant disapproTed of the jati^e proposed by the pUuB- 
iiS, he said, hung bjbbo vel nolo.* Sometimes the plaintiff 
desired the defendant to name tlie judge.' 

The judge or judges agreed on by the parties were appointed^ 
by the prntor with a certain form answering to tlie nature of the 
action. In these forms the praetor always used the wonls si 
PABBT, i. e. apparet : thus, c. Acgini<Li ; juobx bsto, si pabbt, 


TUR^ TUM CATDLUM coNOBMNA. But if the defendant made an 
exception, it was added to the form, thus : extra gvAM si tbs* 


refused to admit the exception, an appeal might be made to the 
tribunes.'^ The prastor, if he thooglit proper, might appoint 
different judges mm those chosen by the parties, althougii he 
seldom did so ; and no one could refuse to act as a judex, nrhen 
required, without a just cause." 

The praetor next prescribed the number of witnesses to be 
called,' which commonly did not exceed ten. Then the paitiea, 
or their agents,' gave security ' that what was decreed would be 
paid, and the sentence of the judge held ratified.^' 

In arbitrary causes, a sum of money was deposited by both 
parties, called coMpRomssuif, which word is also used for a 
mutual agreement ^^ 

In a person'al action, the procnratoces only me secaity; 
those of the plaintiff, to stand to the sentence of Uie judge ; and 
those of the defendant, to pay what was decreed." 

In certain actions the plaintiff gave security to the defendant 
that no more demands should be made upon him on the same 

After this followed the litis contbstatio, or a short narration 
of the cauae by both parties, corroborated by the testimony of 
witnesses.'* llie things done in court before the appointment 
of the judices, were properly said nc jurb riBRi ; after diat, m 
juoicio : but this distinction is not always obserred. 

After the judex or judices were appointed, the parties warned 
each other to attend the third day after,'* which was called coa« 
pbrbtoinatio, or conoictio." But in a cause with a foreigner, 
the day was called dibs status." 

1 Plla. Bpb T. 1. 7 ^Ibof damaflhrttar IS mmbIm amm«I> eiaa 

S Cia Or. 11. 70. FUn. toKtlmoniaa. ncn aapUM ««1 fOf aUh 

Pmu SL 8 procuratom. tea pMitaraa. Cle. 16 Aw. CIc. PMt. GelL 

Silt judlMB dieant, 9 •Mkdataat. Bnit •.Bose.Caa.lS. xIt.S. 

LiT.IU.M. ISJadiutM mM at Vap.siiLtt. 17 MMrebw Sat. L 16. 

4 dabwtw Til addioa* rm nUm hibvi. 14 Cb. AU. nf. IS. itatM ooadloiM oi 

hMtw. 11 Cte. IUm. Cos. 4. Rom. Cob. 11, IS. 18. koMa, i. a^ cm m 

ft Ob Aaad. QmmA iv. Vcrr. iL 91, Q. FnC Tmu Mafcrak. Sal. iU. ariao. Cfe. Oft iTj 

Ji- ^ , - U. 15. I^aa. s£ S8. S. Sta, Plaat. Cm. i. 

• SaaUClaad.lS. Plia. IS Cm. Qala. 9. Alt. 1ft later aa In pvaatf- S.aaOsTi.4. 

B^ m. so. X. 86. kvL lA ana diaa. at ad Jadt 



Whbi the day came, the trial want on, anlaas the pndgv, or 
•oma of tba |»arties» was absent from a neoesmry canse/in which 
case the day was nut ofC' If the jadf^re was present, he first 
took an oalli that he would judge aeoording to law to the best 
of his jadgmenty' at the altar/ called putsal libonis, or Seribo' 
niamam^ becanse that plaos, being struck with thunder/ had 
been expiated' by ScnKionius Libo, who raised over it a stone 
ooYsring/ the covering of a well/ open at the top/ in the forum , 
near wuch the tribunal of the pr»tor used to be, and where the 
usuren met It appears to have been different from the Puteal, 
under which the whetstone and laaor of Attius Navius were de- 
pesited, in the Comitium, at the left side of the senate-hoosa" 

Ihe Romans, in solemn oatfiSy used to hold a flin^stone in 
their right hand, saying, si scinrs faklo, nm ms mnpiTnt, 
8JU.TA uaan abcbqub, bonis bjiciat, ut aeo mmc hknoam}^ 
Hence, Jonem lapidomjurarey for par Jovem et lapideau The 
formnla of taking an oath we have in Pkntns, and an account 
of different forms in Cicero. The most solemn oath of the 
Bomaos was by their faith or honour." 

The judex or judices, alter having sworn, took their seats In 
the snbseUia ; ^ whence they were called judicbs raniiisi : and 
sBoaas is oflen nut for coeBoecaaa, to jndge.^ Sbnub is also 
applied to an advocate while not pleading.'^ 

The judex, especially if there was but one, assumed some 
lawyen to assist him with their counsel/' whence they were 
<alM CQBsiiJAaii.^' 

If any of the parties were absent without a just excuse, he 
was summoned by an edict»" or lost his cause. If the prator 
proDouoced an uniust decree in the absence of any one, the 
ssiitance of the tribunes might be implored**' 

If both forties were present, they were first obliged to swear 
that they aid not carry on the lawsuit from a desure of litiga- 

Then the advocates were ordered to plead the cause, which 
t^ey did twice, one after another. In two different methods;*^ 

1 » MriM Tel CMM 9 fa^cTM apwtw, ]« POh Bb. r. 1. tI. Bodii. «. Cia. F«*. 
""*- Wm.i. 9*it n. ndm uditaru, vllt. 8.1. 1& 0.d«Jar. 

*'^ttMHa»t,L«kpr«. 10 *LSI. ^Md biantM la 

l&Ut, M siT. s. sp. 1. 19. a Oc SmL li PUn. Bp. Hi. 9. f. cm rafrn* aolak. m. 

" ** ""M MMcBib, 8. Div. i. If. Ov. lUn. M stU ■aTW»*i^ «t In qai« Uiamm «nt, M \- 

ue.Acii.Q.4r. Aa.MLLW.LM. cwwUlo ■dwrnt, Cie. fmn in ttlia sm Ml. 

*.™_«MMai, Ck, 11 VmL \n Upls. Qi^b. 2. la canaUlMi tot, i. •. Id dM dabvi 

Jr^^ IS Ob. Pw. vttt. 1. IS. r«(aTil.O«ll.xlT.& Ju^waiU* walir 

* >»l*faw attaMM. Acad. It. 47. LIT. nl. 17 SmU Tlk St. Qwd. BMra, Ulis •bliaMdi 

5 l«wniMw 4ft. uii. SS. a«L L SI. IS. 

I MuMte. %^^ pi,^ ^^^ T. S. ♦». 18 ■•• p. Ht 1. 

.***;!*• Dioaj. k. 10. 48 xU M. 19 Cie. 0«iiu «. tOl 81 App. BaU.OT. L pb 

B P**" •VvadM, vd IS MMladpadM pr«- SO caluuilaa jurara, 888. 

Mrifc val da cdaMla, Uv. 

908 ROMAN ANTigDlTlKt. 

fint briefly, whidi was called cauis coitjbctio,^ and then in a 
formal oration' they explained the atate of the cause, and 
proved their own charge ' or defence ^ by witnesses and 
writings/ and by arguments drawn from the case itself;* and 
here the orator chiefly displayed his art' To prevent theniy 
however, from being too tedious,' it was ordained by the 
Pompeian law, in imitation of the Greeks, that they should 
speak by an hourglass;' a water-glass, somewhat like our 
cand-glasses. How many hours were to be allowed to each 
advocate, was left to the judices to determine.^' These glasses 
were also used in the army. Hence dare vel petere piures 
clepsydras^ to ask more time to speak: quoties judico^ quemtum 
quis piurimum poshdat aqua do^ I give the advocates as much 
time as they require. The depsydra were of a different length ; 
sometimes three of them in an hour." 

The advocate sometimes had a person by htm to suggest ^ 
what he should say, who was adled MnrisTRAToa. A rorward 
noisy speaker was called rabula," vel prodamator^ a brawler or 

Under the emperon, advocates used to keep persons in pay " 
to procure for them an andieiice, or to collect hearers,^" who 
attended them from court to court," and applauded them, while 
they were pleading, as a man who stood in the middle of them 

Save the word.'' Each of them for this service received his 
ole,'' or a certain hire {par merces^ usually three denarii, near 
Ss. of our money) ; hence they were called LAvmcaoci.'' This 
custom was introduced by one Lai^us Ucinius, who fkrarished 
under Nero and Vespasian ; and is greatly ridioded by Pliny.'' 
When a client gained his cause^ he usea to fix a garland of 
green palm ^ at his lawyer's door. 

When the judces heard the parties, they were said its 
opBBAM DARBi" How inattentive they sometimes were, we learn 
from Macrobius.** 


Tax pleadings being ended,'* judgment was given after mid- 
day, according to the law of the Twelve Tables, post MKatDtaa 

1 ^Md maam la bnvs sirmtar. Bell. O. y. II. Plla. 18 qaaa 

•netio, Aic C>c. • at ad cIcptTdraoi dl- Bp. U. 11. vL t. dit rifn 

S JmU •ntioo* f*n- ctrtat, I. iw ru vKn- H qal ■«bjlr«i*t. 19 aponala. 

fdbut, G«|L xTiU 8. mm, gneUiiar fistala. 14 a raM«, qaaid !•!»• SO L a. «i«a «b 

J aciie— . t•■^ ia fanda e^fiia tor. laadakcai. 

4 ialleiatiaaMa val •w crat foraaao, unda 1« Cie.Or.1.48. B. 7S. SI Kp. U. !«.▼!. Si 
oapllaaaa. af aa nttatia afflaarat, Flae. SS. SS riridaa aalani, Jar. 

5 taadbaa atukidia. at^aa lU taaipai nali. 15 ooadaaU al ladaapU tU. 118. 

• cs laaa ra darfaalla, near, Cia. Or. iB. M. Madpaa. a L 18. sr.D-daM. 

Gic gala. Bmm. Gaai. M Cb. Uaia. •._Plla. 16 eanmaai coI)I|ar^ 84 SaAar.^ IS. 

n. \r. 9. 

Gjp II. kiT. t Bp. L SC \r. t. H. 11. aadftaraa, r. WMUiania SS aawa airiaaaa pat- 

f Oa. 0biL«.4t.7a l4.1.SlTi. S 8. DIa. earrofua araU. 

U« . . Caaa.Carr.Bloq.SBL 17 as Jadido la J«4li. 

SaaialmfMaMava- U Yn* UL 8. Caa. 

SHU (<<taiiiii toMf itmtum prmtmu nt\wnm AoofciTo, i 6 

[f there was any difficulty in the canBe, the judge aooietiBiea 
took time to consider it ; ' i( after ail, be remained uncertain 
he aaidy' mho ron ugfusT, I am not dear. And thus tiie afiair 
wae eitlier left undetermined,* or the cause was again resumed.^ 

If there were sereral jud^, judgment was given according 
to the opinion of the nunonty ; * but it was necessary that they 
■hofdd be all present If their opinions were equal, it was left 
to the pnetor to determine.' The judge commonly retired ' 
with his asNSKMrs to deliberate on the case^ and pronouuced 
jo^ment aooording to their opinion.' 

'file sentence was variously expressed : in an action of ire^ 
dom, thus, TioBai sibi buvc hominbh uBxaim ; in an action oi 
injuries, yidkei jvbm ficissb vel hoh racissn ; in actions of con* 
tract% if the cause was given in favour of the plaintiff, TiTiim 
sBio CBNTUM coHOBNHo ; if in favour of the defendant^ aBcmcDuii 
iLitUM UTSK no»^ 

An arbiter gave judgment" thus: abbivbor tb hoc none 
sAiisFAGBBB ACvoBi DBBBBB. If the defendant did not submit 
to his dedsion, then the arbiter ordered the plaintiff to dedaie 
upon oath, at how much he estimated his damages,^ and then he 
passed sentence^" and condemned the defendant to pay him 
that sum : thus, cbmtvm ob gunius actob qi utbh jubavit bbool^* 


ArrsB judgment was given, and the lawsuit was determined,^ 
the conquered party was obliged to do or pay what was de- 
creed ; "and if ne Ailed, or did not find securities ^' within thirty 
days, he was given up ^ by the prastor to his adversary,'' and led 
away * by him to servitude. These thirty days are called, in 
the Twelve Tables, dibs justi; rebus jure judicatis, xxx dies 
josti sunto, post deinde menus injectio esto, in jus dudto.^ 

After sentence was passed the matter could not be altered : 
henoe agere actum, to la)>our in vain ; adum est ; acta est res ; 
oerii, all is over, I am undone ; actttm est de me, I am ruined 
de Servio actum rati, that all was over with Servius, that he was 
shiin ; actum (L eu ratum) habd>o quod egeris.^ 

lGril.»rS.& T LIB. 18.18. D. is M lo. M Ur.^i. 14. 8«« ftc. 

Z dm diArii, La. atf. Jud. U lite dijadkata. PUot. P»n. UL S. 9«. 

JvrriJ*«rit,«tauBw SmmmU. 1« jadkMui flu»« ▼•! As. t. 1 87. 0*11. n 

d«JibartfSt,T«r.Pkor. « ac ssnsiUi sMtsaUa, MAvara. 1. 

tt. 4. If. Pfia. Bp. V. 1. vL i\. 17 spoiuOTas val via- 81 ms p. 40. 

8 dbk rsi jvavit, Oall. 10 Vsl. Nss. li. & 8. dies*. 84 Cle. Aoi. tt. Atl. Is. 

siv. 8. 11 arUtriam prowaai- 18 Jndieatos, \ a. dan- IS. Faai, sW. 8. Tat. 

« M^aAsaia, Oail. «. 10. stU. nstns at sd^etas act. IB. 81. Tar. Fhor. H. SL 

S aacaada actte iostte* IS qwati lUcai astiaft. 18 to which eastan Ho. n. And. ilL 1. 7. AdcL 
U aat. Cla. Gw. 8. rat. raea aUodaa, Od. UL 3. Hi. 8. 7. PUat. pMud. 

• laataBli^ Uta «ac da 18 MataatiMr talit. 83. 1. 1. 83. Ut i.17.Sael. 

ML18LD.* dalaaa> 80 abdnelas, Ck. Flae. Nar.48. 


In eertain casei^ especially vImb any miatake or fraud had 
been oommitted, the prietor reyened the sentence of the judpnet,^ 
in which caae he was laid daamatog in integmm reetitucre, or 
judicia restituere.' 

Afler the cause was decided, the defendant, when acquitted, 
might bring an action aiiainst the plaintiff* for fiilse accuaatioii : ' 
hence, calumhu lUiwn, i. e. Hies per eaUwmiam inientm, unjust 
lawsuits; cabtmHUtntm meiym mjicere, of false accusations; 
firre ealmmUam, i. e. cahmmim convictvm esse, rel cahumum 
damnari aut de adumnia ; calmmmam nan effugtety he will not 
fail to be condemned for false accusation ; * infurue eMisHaU 
CALUMNiA, i e. callida et tnalitiaea jtarU interpreiatume ; calum- 
uiA iimorUy the misrepresentation of fear, which always imai^ines 
things worae than they are ; oabamda reiiffiomM, a false pretext 
of; oabmmia dicendL speaking to waste the time; CALumnA 
pauccnmi, detraction.* So galumhiabi, faitam Hiem iniemderef 
et caAcfNuutfor, &c 

There was also an action against a judge, if he was suspected 
of baring taken money from either of the parties, or to huYO 
wilAiHy given wrong judgment* GomiptioB in a judge was, 
bv the law of the Twelve Tablee, punished with death ; but 
anerwards as a crime of extortion.' 

If a judge, from partiality or enmity,' eridently favovred 
either of the parties, he was said Lim svam vacbb& Cieere 
applies this phrase to an advocate too keenly interested for his 
client.' In certam causes the assistance of the tribunes was 
asked.*' As there was an appeal ^* from an inferior to a superior 
magistrate, so also from one court or judge to another." The 
ap^^wl was said Amnrrt, rbcipi, von bxcipi, rspudiabi: he to 
wlK>m the appeal was made, was said, ns vel sx APPKLLAnoiru 


After the subversion of the republic^ a final appeal was made 
to the emperor, both in civil and criminal affidrs, as formeriy," 
to the people in criminal trials.^* At Inst this mijrht be done 
freely,^ but allerwards under a certain penalty.'' Calirula pro- 
hibited any a^al to him.^' Nero ordered all appeus to be 
made from private judges to the senate, and under the same 
penalty as to the emperor: so Hadrian." Even the emperor 

I VMB J«dfa»laa msl' L lA. Paa. i. 1. tL 1 18 ab liArion ad npa- latiimqM 

diU Att. W. 4. AcMl. Iv. L. rias IribaMl, tral •> It Tm. Au. sIt. 

t Oa, V«r. tt. M. ▼. flw • M» mIo ««1 iapwl- mbora ad a^lorMi J»- 

Cla. 36. Tw. PlMT. IL tu. diewa. pratam laiqal 

4. IL 7 rapctudbnn. sraTUBtnto. or • grt«* 

9 Mltr«a cafandB 8 cratU t*1 Iniakitis. VBa«a. t«1 kjaata mm. WMMait, 

MNitBlm. Oe. Cta.81. 8 Or. ii. IS. Dip. e«U. tnlfai, Ulp. 18 at •{■• 

4 Cta. MiL 87. Ola. M. a. 1. 18 arovoeail^ iMrkwraiB 

raakvfii.8La«U.slT. UMbwl aaaallrtaa- 14 Baat. 

t. SaaC Cm. 18^ Vii. tar, Cie. QmSi.1,m, 111 

.'i'J?^''.u. «. ll»pjaUaao, LIr. fii. 1] 

• 8dL0M.Saiaa.0C 881 U aMaa vaaaaai U aa- sUv.8l& 

. ^ aaaallrtaa- 14 Baat. Aaf. 88. Obb jaa H, qai iBwalona 

t. SaaC Cm. 18^ Vii. tar, Cie. Qafa.7.»l IIL 88. Act. Apoa. txt. appaUavera, Tm. IM4. 
y^Daa.B. 11 aiMUaaa, LIr. BL SmC Nai. 19. Uf. 

nmciML VBOOBnnvM. 90§ 

■light be TOfoestod, by a fwCitioii/ to raview hit otm de^ 


Cbimiui. trials w^n at fimt held ' by the kingi, with the anis- 
Unce of a oounciL* The kiDi^ judgMl of great crimes himtell^ 
and left mailer crimes to the judgment of the ssnators. 

Tdhis Hoetiliiis appointed two persons ' to try Homtius for 
kilfinf his sister/ and allowed an appeal from their sentence to 
the people. Turauinius Superbus jadged of capital crimes by 
bimistf alone, wiuiont any counsellors/ 

After the expolsion of Tarquin, the consuls at fimt judged 
snd punished capital crimes.® But after the law of Poplioola 
conestning the liberty of appeal/ the people either judged 
tbenselree in eapital affiurs, or appointed oeitain permms for 
that purpose, with the concurrence of the senate, who were 
called giuniTomas, or otMSflorer parricidnJ^ Sometimes the 
eeasols were appointed ; sometimes a dictator and master of 
hMse,^ who were then called gUiSsiToais. The senate also some- 
tines judged in capital aflairs^ or appointed persons to do so.^ 
But after the institution of the qumsiiomu perpetMUB^ certain 
pnateie always took cognisance of certain crimes, and the senate 
«r people seldom interfered in this matter, anlees by way of 
appeal, or on extraordinary occasions. 


1'Buie befioTO the people^* were at first held in the Comitia 
Cariata. Of this, however, we hare only the example of Horn* 


After the institntion of the Comitia Genturiate and Tributa, 
aU trials before the people were held in them; capital trials in 
the Comitia Caqtariata, and concerning a fine, in the Tributa. 

Thoee trials were called capital, which respected the Ufe or 
l>l>orty of a Roman citieen. There was one trial of this kind 
lield in the Comitia by tribes ; namely, of Coriolanos, but that 
vas irregular, and conducted with violence.'* 

Sometimes a person was said to undergo a capital trial,'^ in a 
<^ril action, when, berides the loss of fortune, his character was 
at Btake.^ The method of proceeding in both Comitia was the 
>iune; and it was requisite tnat some magistrate should be the 

6 ^1 Hondo pMdoal* tt SalL CaL 51,88. Ut. 17 MrlcBtaa e«pHla 
liiMMnJvdifrfmil. Iz.SS. mUn, ommb eraltis 

7 Iiiv.LM.4S. H M« p.l«5. wl fro ooflio dlooi*, 

8 LSt. a. «. IKoof.m. 1. 14 Jndkio ad i«palain. 18 na JwUoioM oomI 

9 000 0.98. UCio.lliL8. do fcao lbriaalM|oo, 
18 000 •. UH. 18 lAw. U. U. DboT. Ck. Quia. 8. 18. UL nkaB,*fc 0flr.L18. 


aoeoser. In tlie Comitia TVibata, the inferior mafistratM were 
nsttally the aocusen, as the tribunes or ledilea. In the Comitia 
Centuriatay the superior magistrates, as the oonsuk or pmtors^ 
sometimes also the inferior, as the qusBstors or tribunes.^ But 
they are supposed to have acted by the authority of the oonsols. 

No person could be brought to a trial unless in a private sta* 
tion. But sometimes this ride was riolated.' 

The magistrate who was to accuse any one, having called an 
assembly, and mounted the rostra, declared that he would, 
against a certain day, accuse a particular person of a paiticnlar 
crime, and ordered that the person accused' should then be 
present This was caUed dicbrb Dim, sc. ooctiMtfioitiff, vel <ltet 
aictitK In the meantime the criminal was kept in cnstodyy un- 
less he found persons to give security for his appearance,* who^ 
in a capital trial, were called tadbs,^ and for a fine, paJCDBa ;* 
thus, prmttare alwuem^ to be responsible for one; ego Me^taim 
Coiori prtBitaboX 

When the day came, the magistrate ordered the criminal lo 
be cited from the rostra by a herald.^ If the criminal was 
absent without a valid reason,'^ he was condemned. If he was 
detained by indisposition or any other necessary cause, be was 
said to be excused,^" and the day of trial was pat oflp.^ Any 
e^ual or superior magistrate might, by his negatiTe, hinder the 
trial from proceeding. If the criminal appeared,'' and no 
ma^Rtrate interceded, the accuser entered upon his charge,'' 
which was repeated three times, with the interrention of a day 
between each, and supported by witnesses, writings, and other 
proofs. In each charge the punishment or fine was annexed, 
which was called anquisitio. {Sometimes the punishment at 
first proposed was afterwards mitigated or increased.'^ 

The criminal usually stood under the rostra in a mean garb, 
where he was exposed to the soofis and railleries " of the people. 

After the accusation of the third day was finished, a biii"^ 
was miblished for three market-days, as concerning a law, in 
which the crime and the proposed punishment or fine was ex- 
pressed. This was called mulcta vaixfxvR irrooatio ; and the 
judgment of the people concerning it^ MULCTiS voshmvk cbrtatio.^^ 
For it was ordained that a capital punishment and a fine should 
never be joined together." 

I lAr. \u 41. Ui. M, aSw 6 Qall. viL 19. Ans. vel tm lUf ntur. anta4 Volviaa for 

U. Ir. ai. tL an. VaL Kid. M7. » pnHtaodo, )3 aceoMtloaMB lull* tmcon, Lir. nvt 8. 

Muu vL 1. 7. QtIL m. Varr. Iv. 4. IimIuU. U probvi* •« ooariciia, 

i* 7 Cie. Q. Pr. i. I. S. 14 In nnlrta tampmi- ibkl. 

k Qe. FlMb a. Ur, Hi. }1 Ait ri. S. Piin. rant tribwi: qaoa )« rogatio. 

nliiUlC Pan. 81. capitia BO^uiiiaMBt, 17 Cie. Legg.nLS. 

* **>•- 8 LiT. laxTia. 51. Soat. Ltw. U. 69. qaam tri> 18 ne poeaa oapith cum 

* aponaaraa aoai ia Ji^ Tib. It. bunaa Ma aaenaia an- paaoiOa m^ngawfr, 
«eie ad diaia tfetaan 9 aiaa caaaa aontka. qaiaiaaat; lactio aa ea- Uie. Horn. 17. irlbani 
alatandi, ant Bnloca^ 10 t irnaaal, Uv. ib. A )ritia aaqnirein dlecwat, plabia. oalaaa maleta 
^jM oamnnlna aaaal, 11 diet |iradietas t«1 &e. tnai pardaollioab oartttiona, n\ ea»la. 
'?'^'*^>*.. fnidaataa aat. an jadkar«Cn.FalTio lia PaatbuBio dis* 

* Liv. ttU 18. BKT. «. n ai lana aa atltiaaM, dinit, that hn praaa- vvat, Liv. ur. 4. 

nmcukh PBOCBSDuies. 90T 

On the tMrd iiiailc«l4ayy the accuier aflnun repeitod 
charipe ; and the ertaunaly or an adYOcate ^ lor him, was per* 
mittod to make his defence, in which erery thing was intro- 
duced which could serve to gain the favoor of tiM people, or 
move their oompasBioo.' Then the Comitia were summoned 
against a certain day, in which the people, by their suffragei^ 
should determine the fiite of the criminal. If the punishment 
pcopoaed was only a fine, and a tribune the accuser, he could 
soBunon the Comitia IVibuta himself; but if the trial waa 
capital, he asked a day for the Comitia Centuriata from the 
consul, or, in his absence, from the praetor. In a capital trial 
the people were called to the Comitia by a trumpet' 

The criminal and his friends, in the mean time, used erery 
aiethod to induce the aocuser to drop his accusation.* If he did 
so, he appeared in the asMmbly of the people, and said, 
•laPBOHiuM NJBm MORoa. If this could not be effected, the 
usual arts won tried to proTent the people from voting, or to 
novo their compassion.^ 

The criminal, laying aside his usual robe,' put on a sordid, 
i. e. a ragged and old gown,' not a mourning one,' as some 
have thought ; and in this garb went round and supplicated the 
citiaens ; whence 9ordes or muhr is put for ffuilt, and wrdidaii 
or Bqualidi for criminals. His friends and relations, and others 
who chose, did the same.' When Cicero was impeached by 
Cloditts, not only the equites, and many young noblemen of 
their own accord," but the whole senate, by public consent,^ 
changed their habit ^ on his account^ which he bitterly com- 
plains was prohibited by an edict of the consuls.^ 

The people gave their votes in the same manner in a trial bm 
in pasBlng a law.^* 

If any thinff prevented the people from voting on the day of 
the ComitiA, Uie criminal was discharged, and the trial could 
not acain be resumed.^ Thus Metellus Celer saved Rabirius 
from being condemned, who was accused of the murder of 
Batnmius Ibrty years after it happened, by puUinff down the 
standard, which used to be set up in the Janiculum/' and thus 
dissolving the aasembly." 

If the criminal was absent on the last day of his trial, when 
cited by the herald, he anciently used to be called by the sound 
of a trumpet, before the door of his house, from the dtadel, and 
round the walls of the dty." If still he did not appear, he was 

1 PttraoM. 71, 11 pablleo eouUio. aat utpUia Mt «• 

I GhiBak Ut. si. is. • «ag» aUi. IS ¥Ml«aBiitabul,lk. cualioM ■Mtmlli. lo- 

U. 7 loiilMtM •X eteoto> 11, li. U uhm jadidaaMM 

I dmlrw, S«a. In, L Ua, Ut. U. «1. Oi. IS e. 14. Fto. 8. IS. wbiataa wt, Om> 

M* Liv. uvL Iw ski. Vmt. L ml pq»t rtd. Sm. 7. Dm. Doik 17. 

,M. a MUaa vd tlnB. juwvfi. 16. 16 wa p. 71. Ck. B«^ 

^■BtwMiaMdHlgkM. 9 Ut. Itt. I& Clc S«tt. 14 tw p. 77, 78. Ut. 17 Dio.sKsvtt.S7. 

»Ji».i».«.Ti5.Wi 14. ss».4. 18 Vstr.L.t.T.S. 

Mta.4.sMp.T«. 10 prima MBMMo. U siqwiwUlaaidlwi 


baniabed ; ^ or if he fled Uie oountrir throuffh leiur, hit baiiish- 
ment was confirmed by the Condtia Tiibuta? 


iHigirniTOM' were penooa in rested with a temporary autliority 
to try partiGidar crimes. They were created fint by the kiDgs^ 
then by the people, usually in the Gomitia TVibata, and some- 
times by the senate. In tiie trial of Rabiriui^ they were, oon« 
tnry to custom, appointed by the praetor/ Their number vwied» 
Two were usually created/ sometimes thrse, and sometimes 
only one. Their authority oeased when the trial wv ofver.* 
The ordinary maipstmtes were most frequently appointed to be 
inquisitors; but sometimes also private persons. There was 
sometimes an appeal made from the sentenoe of the inquisitors 
to the people, as in the case of Rafoirius. Hencs^ defkrre jmU- 
cium a oAtelUit in rottra, i. e. ajudidbus adpopuhtmJ 

Inquisitors had the same authority, and seem to haTO con- 
ducted trials with the same formalities and attendants, as the 
prsBtors did after the institation of the qtusUumet ptrptium.^ 


Thb pvsBtors at first judged only in dnl causes; and only two 
of thttm in these, the pnetor Urbanns and Peregrinus. The 
other prstors were sent to govern proyinoes. All criminal trials 
of importance were held by inquisitors created on purpose. Bnt 
after the institution of the fiMesftones perpetumy A. U. 604, aH 
the prsBtoffs remained in the city during the time of their office. 
After their election they determined by lot their diflerent juris- 
dictions. Two of them took cognisance of private causes^ as 
formerly, and the rest prssided at criminal trials ; one at trials 
concerning extortion, another at trials concerning bribery, &a 
Sometimes there were two pnetors for holding trials concerning 
one crime; as^ on account of the multitude of criminals, oob« 
coming violenoe. Sometimes one prietor prssided at trials 
concerning two difTerent crimes; and sometimes the pmtor 
peregrinus held criminal trials, as concerning extortion;* so 
also, according to some, the praetor nrbaaus. 

The prastor was assisted in trials of importance by a council 
of select judices or jurymen ; the chief of whom was oaUed 
JUDEX guASTioms, or princepa judieum. Some hare thought 
this person the same with the praetor or quaesitor; but they were 

1 •wliaa «1 MlMiba 91 sarlil. S4. sliU. 8. MU. Mt p. IH !>*• ■flons VMl aUaiM, 

tar. Dio. snTiL 27. Swt 7 Uv. mmIm. Sact. Mn^ tL 49. Aae. ac- 

B M* ^ 8k Cm. U. Om. 11. Di*. Buvfi. tioa. Vwr. 

MM*. 5diiiiaT{rl,I<T.vLI0. B7.Cle.aa.6. • Ota. Chu OL Gal. U. 

>aS.iT. U. ib • Silk JaMPLAMjQk. 6 to tiM aAot aT «a»- AMkiiC-«uAS> 


qiite different* The jWdear qumUUmU supplied the place of the 
praetor when abient, or too much engaged 

1. CHoicB or THs jumcn ob jubt. 

Tn jmncBs were at first chosen only firom among the senatcnns ; 
then, by the Sempronian law of G. Gracchus, only from among 
the eqnites ; afterwards, by the Servilian law of CsBpio, from 
both orders ; then, by the Glaucian law, only from the equites ; 
by the Livian law of Drusus, from the senators and equites : 
but, the laws of Drusus being soon after set aside by a decree of 
the senate, the right of judging was again restored to the equites 
alone : then, by the Plautian mw of Silmnus, the judioes were 
chosen from the senators and equites, and some of them also 
from the plebeians ; then, by the Cornelian law of Sylla, only 
from the senators ; by the Aurelian law of Gotta, from the sena- 
tors, the equites^ and trilnmi ararii * by the Julian law of Gassar, 
only from the senators and equites ; and by the law of Antony, 
also from the officers of the army.' 

The number of the judices was diflTerent at different times : hy 
tbe law of Gracchus, 300; of Sernlins, 4fi0; of Drusus, 600; of 
Hautios, 525; of Sylla and GotU, 900, as it is thou^t; of 
PoBMy, 360. Under the emperors, the number of judices was 
Sreauy increased.' 

By the Senrilian law it behoved the judices to be aboTO 
thirty, and below siztv years of age* By other laws it was re- 
quired that they should be at least twenty-fi^e ; * but Augustus 
ordered that jodioes might be chosen from the a|;e of twenty.^ 

Gertain persons ooula not be chosen judices, either from some 
natural defect, aa the deaf, dumb, &c ; or by custom, as women 
and slaves ; or by law, as those condemned upon trial of some 
infamous crime ; ' and, by the Julian law, those degraded from 
being senators; which was not the case formerly.' By the 
Pompeian law, the judices were chosen from among persons of 
the highest fortune. 

The judices \?ere annually chosen by the praetor urbanus or 
peregrinus, according to Dion Gassius, by the quaestors, and 
their names written down in a list' They swore to the laws, 
'nd that they would judge uprightly to tbe best of their know 
K^' The judices were prohibited by Augustus from entering 
tbe house of any one.^* They sat by the prstor on benches, 

^S^M^ f"** <^ 17* 8 Cio.VMa.TW.8. IV 6 tvpl ct f«mMO Jadi- 8 !■ allMn rakte, rA 

^J^^y^- U «1. Um. U. 78. nWuxOL do, •. (. wlmmiil«, alto tecripU, SmU 

ftRrV*^'- I. imrsriutioBh, tarti, Tib. 81. Cbad. U. 

*«*** '■'•■rtu it Lw. 4 D. 4. 8. Ti tenoram raptoran, Dmb. 4. SM.B«ibl{t. 

y^g ^aUw, MMJ Hg. 5 a vtenioM allfgit, I^jwUiua, im Mm OvJL zIt. 8. Dbw Cm. 

{^iw. «b« capiOT SmV Aik. 88. a* the mIo. pr* aoeks mam- xnfau 7. 

r».\'!T*v*. *'<"< ■•* ^1 CMaaMntaton raad dad, tatelis, dapoalli. 9 da aaiai aaatauia. 

CMatoftUaaattar. tte pauaga. 7 Cie. Cla. 48. m* ^ S. MOio-Uv. 18. 


S12 R0MA5 AHTIQUlTin. 

appointed a oortain day for the trial, osually the tenth day 
aher. Sometimes the thirtieth, as by tfie Lidnian and Juliaiy 
lawB.^ But in trials for extortion, the accuser required a longer 
interval. Thus, Cicero was allowed 110 days, that he might go 
to 8icily, in order to examine witnesses, and collect facta to 
support his indictment against Verres, although he aooomplisbed 
It in fifty days.' In the mean time, the person accused changed 
his dress,' and sought out persons to defend his cause. 

Of defenders,* Asconius mentions four kinds; patboni, vel 
oratoTM, who pleaded the cause; advogati, who assisted by their 
counsel and presence, the proper meaning of the word; pro- 
cuRATOBKs, who managed the business of a person in his 
absence ; and coaHiToaBs, who defended the cause of a person 
when present. But a cognitor might also defend the cause of a 
person when absent; hence put for any defender.' The proa^ 
rataretf howoTer, and coffniiores, were used only in prirate 
trials, the patram and cuivoeati also in public. Before the eivil 
wars, one rarely employed more than four patrons or pleaders, 
but afterwards often twelve.' 


On the day of trial, if the praetor could not attend, the matter 
was put off to another day. But if he was present, both the 
accuser and defendant were cited by a herald. If the defendant 
was absent, he was exiled. Thus, Verres, after the first oration 
of Cicero against him, called actio prima, went into voluntary 
banishment; for the five last orations, c^led liM in Varrem^ 
were never delivered. Verres is said to have been afterwards 
restored by the influence of Cicero, and, what is remarkable, 
perished together with Cicero in the proscription of Antony, on 
account of his Corinthian vessels, which he would not part with 
to the triumvir.^ 

If the accuser was absent, the name of the defendant was 
taken from the roll of criminals.' But if both were present, the 
judices or jury were first chosen, either by lot or by naming,' 
according to the nature of the crime, and the law by which it 
was tried. If by lot, the praetor or judex quaesUonis put into an 
urn the names of all those who were appointed to be judioes for 
*that year, and then took out by chance^ the number which the 
law prescribed. After which the defendant and accuser were 
allowed to reject ^^ such as they did not approve, and the pra&tor 
or judex quaesdonis substituted ^ others m their room, till the 
legal numoer was completed.*' 

1 Cm. Q Frat. U. U. » Lir. tl. U. zszoc 5. 7 Am. Vott. Ck, S«fu •dltioavnu 

V«K. 14. Am. Oora. Am. Dir. C»«. 4. fmU Sus. vL •. Plia. xuiv. 10 tort* •4«cateL 

S Aw. \m. <JI». V«rr. Clfc Vcrr. S. 41. Rom. 2. LMtuUii. 4. 11 r^iom. 

Act. pria. 4. Com. 18. Bar. Sat, il. 8 de rab rmwiKHM wt. It rabMrtfabrtw. 

• kMp.7a. ft.T.8s. AM.cie. la Cic vam Ail, I. r. 

\ 4aiMMVu. 8 A»c Ck. Scaw, 9 par aartitiaaaB val Aac. Ue. 


SoMotioMa the law aDowad the moamw and dafiMidaal to 
dioose the jodioM, in which case they weie aaid nmicn mBaa, 
and the judicaa weie called BUTnu. lliui^ by the Serrilian law 
of Glauda against extortion, the aoonaer was ordered to naoM 
from the whole samber of judioes a hundred, and from that 
hundred the defendant to choose fifty. By the Licaniaa law, 
Je MdaUiiis, the accuser was allowed to nanM the jary froai the 
people at larfpe.^ 

The judices or jury being thus diosen, were cited by a herald. 
Thoee who could not attend, (Hrodooed their excuse, which the 
praetor might sustain ' or not^ as he ^eased. 

When they were all assembled, they swore to the laws, and 
that they would judge uprightly ; hence called jurati Hommsiu 
The prsBtor himself did not swear.' Then their names were 
marked down in a book,* and they look their seats.* 

The trial now began, and the accuser proceeded to proTe his 
charge, which he usually did in two actions." In the firrt ao- 
tioDy he produced his evidence or prooA, and in the second he 
enforced them. The proofii were of three kinds, the declarations 
of fllavee extorted by torture (quastionbs), the lestinMmy of free 
dtiMns (TBSTia). and writings {rMaohay 

1. QuAsviOHns. The slaves of the defendant were demanded 
by the prooecutor to be examined by torture in several trial^ 
chiefly for murder and violence. But davea could not be ex- 
amined in this manner against their master's life,' except in the 
cme of incest, or a conspiracy against the state. AugiMtus, in 
order to elude this law, and subject the slaves of the criminal to 
torture, ordered that they should be sold to the jpublic, or to 
himaelf ; Tiberiu^ to the public prosecutor f but the ancient law 
^f^ afterwards restored bv Adrian and Uie Antonines. 

The slavea of others wiao were sometimes demanded to be 
examined by torture $ but not without the consent of their maa- 
tor, and the accuser giving security, that if they were maimed 
or killed during the torture, he would make up the damage.* 

When daves were examined by torture, they were stretched 
on a machine, called BCin.Bvs, or eqmdaUf having their lef;s and 
*rni8 tied to it with ropes,^* and being raised upright^ as if sus- 
pended on a croes, their members were distended by means of 
"^^wa," sometimes till they were didocated." To increase the 
P^in, plates of red-hot iron," pincers, burning pitoh, &cl were 
applied to them. But some give a diflerent account of this 

\^.>l«.tt. Pkat. IV. 8MMlmri«bllwM- fll.Cd.8L 

«>^li'* f adbMlIk MOTiibMrt, tori Jwbt, Dlo. Ir. f. 11 pweoohhM. 

St«*irM,Cfe.niU.v. AH.VwnMl.Vflr Tm. am. H. M. O. ItM^MsUM eaa 

•V .. flflwfaMMllMibafc m. a MMiL 18. 6» nMlv««tw; 

\^%r *«e.AikS. 7 ineaMlflMtaLClB. Qwk. miIm haaior 

« likdlb — mi-ir iT !• fldtalfa, SwC T». 

914 AOMAM ANTigulTlBt. ^ 

The oonfaflrioDf of slaves extorted by the radc, were ifvitteB 
down on tables, which they sealed up till they were produced in 
court Private persons also sometimes examined their slaTes by 
torture.^ Masters frequently manumitted their slavesy that they 
might be exempted from this cruelty; for no Roman citiaen 
coiud be scourged or put to the rack. But the emperor Tiberiut 
subjected free citizens to the torture.' 

3. TssTBs. Free citizens gave their testimony upon oath.' 
The form of interrogating them was, sbzts tbmpani, quabo xx 
TB, ABBiTRsaisNB, C. S&npTOfixum in tempore pugnam nutse f * 
The witness answered, arbitbor vel non arbitror.^ 

Witnesses were either voluntary or involuntary.* With re- 
gard to both, the prosecutor ' was said, tbstbs darb, odAtAcre^ 
citare, coUigere, etiere, proferre^ mbamarey vel PRom7GRRB ; ib»- 
TiBus uTi. With regatd to the lattor, iis txstimonivm dbnukciarb, 
to summon them under a penalty, as in England by a writ 
called a subpooia, invitos xvocabb. The prosecutor only was 
allowed to summon witnesses against their will, and of these a 
different number by different laws, usually no more than ton.* 

Witnesses were said tbstimoiiium mcbbb, daref perMbere^ 
prctbere^ also pro tettimonio audiri. The phrase SBFOsifiOBBe 
testiwn is not used by the classics, but only in the civil law. 
Those previously engaged to give evidence in favour of any 
one were called Au.ieATi ; if instructed what to say, subobhati.' 
Persons might give evidence, althouff h absent^ by writing ; ^° but 
it was necessary Uiat this should be done voluntarily, ai^ before 
witnesses.'^ The character and condition of witnesses were par- 
ticularly attended to.^ No one was obliged to be a witness 
against a near relation or friend by the Julian law,^ and never ^ 
in his own cause.^* 

The witnesses of each party had particular benches in the 
forum, on which they sat Great dexterity was shown in inter- 
rogating witnesses." 

Persons of an infamous diameter were not admitted to give 
evidence/^ and therefore were called intbstabilbb,^ as those 
likewise were, who being once called as witnesses," afterwards 
refused to give their testimony. Women anciently were not 
admitted as witnesses, but in aftertimes they were.^ 

A false witness, by the law of the Twelve Tables, was thrown 
from the Tarpeian rock, but afterwards the punishment was 

1 Cio. MtL SS.GIa.63. 86. r. 6S. Rose. Am. 86. 10 par UbaU*' Don. Ttr. Bab. !t. 4. 

S Ur. riii. 15. Gie.MiU 18. Fin. iL 19. J«t. 11 pnBMntibiu stgntto- t. 8S. 

tl. Verr. v. 63. Dio. xwi. SS. &e. PUa. Bb. ri&u, QbId. v. 7. 17 tMtes mq aAiUtf 

Ivtt. 19. IH. 9. T. iO. rl. ft. Val. U diiigsatcr czMnda- rant 

9 janiL Max. rOL L VmmU d» teatttr, Cte. FUec ft. 18 PlnL Goici. I. S. v. 

4 Ur. hr. 40. limit. ». Qaia. r. 7. 9. 18 L 4. D. «• TMtib. SO. Hmt. Sat. ii. S. «. 

»0io. Aead. it. 47. n.daTmu U Mr* ■^•raa. 181. QaU. tL 7.Tli. U^ 

VHa.9. 9 CSe. Fiat. U. 8. Roan. U 4a n aaa, Cle. Rase. 19 aataalatl, t. b 

ei|da.v.7. 9. Com. 17. Isia. T. n. Am. 88. 

7 Mtor T«I aecantar. Plia. Bp. Ifl, 9. Soat. IS Qria. t. 7. CIc Q. 90 OaU. H. 7. w. IJL 
SGia. Vot. i. 18, 19. Ciuia.lA. Baat. 18. Bteea. 10. Glo, V«rr. I. SI 

louciAL FBOcnomioi. 215 

wMmtf, fxcept in wary wh«re a fidse witnesB wai beaten to 
death with Aicka Inr hia feUow-aoldien.^ 

3. Tabola. By Uua name were called writings of every kind, 
which could be of iiae to prore the chari^e ; particularly account* 
books,' letters, bills, or bonds, &c.' 

In a trial for extortion, the account-books of the person ac- 
cused were commonly sealed up, and afterwards at the trial 
deli fared to the judges for their inspection.* The ancient Ro- 
mans used to make out their prtyate accounts,* and keep them 
with creat care. They marked down the occurrences of each 
day first in a note-book," which was kept only for a month,' and 
then transcribed them into what we call a ledger,' which was 
preterred for erer; but many dropped this custom, after the 
laws ordered a man's papers to be sealed up, when he was ao- 
CQsed of certain crimes, and produced in courts as evidences 
against him.' 

The prosecutor havinpf produced these different kinds of evi- 
dence, explained and enforced them in a speech, sometimes in 
two or more speeches. Then the advocates of the criminal 
replied ; and their defence sometimes lasted for several days."* 
In the end of their speeches,^^ they tried to move the compassion 
of the judioes, and for that purpose ofUn introduced the cnildren 
of the criminaL In ancient times only one counsel was aUowed 

In certain causes persons were broosrht to attest the character 
of the accused, called lavoatorks." If one could not produce 
at least ten of these, it was thought better to produce none.*^ 
Their declaration or that of the towns from which they came, 
wss called i*auoatio, which word commonly signifies a funeral 
oration delivered from the rostra in praise of a person deceased, 
by some near relation, or by an orator or chief ma^strate.'^ 
I^ch orator, when he finished, said dixi; and when all the 
pleadings were ended, a herald called out^ dixbrunt, vel -xaB."* 
jThen the prsBtorsent^the judices to give their verdict/' upon 
which they rose and went to deliberate for a little among them- 
selves Sometimes they passed sentence" viva voce in open 
court) bnt usually by ballot The praetor gave to each judex 
three tablets ; on one was written the letter G, for condemno, I 
condemn; on another, the letter A, for absoivo, I acquit; and 

1 (hAL XX. 1. L 16. O. e ■dvvnaria, •wmi. Ep. I. tOL 101. Tfb. «. Tu. Ann. 

d* Tntb. M SmL t. 7 nemtnia arut. U Cie. Balb. 16. Ola. t. 1. xvf. «. Pliii. Ea. 

25l 1.2. Plnlyli. vi. 89. 8 codas v«l UboJa. 69. Pan. U 9. Pto. ti. If. I. 

S Ubala antfd •! ex* 9 CkuQ«l»< >• V*rr. I. H. SiMt. Aag. S6. 16 Ak. CIo. Doa. Tw. 

peui. (3. 39. SoM. Com. 8. 14 qaaa lUooi q«ul 1«> Phor. tl 8. 90. k,4. 

• ■ragiMh*. CoL 7. Alt. xiL 5. gitiman namcram 17 in eantiliani nkto> 

4 C\k, Yot, L SS. 61. Taac. ▼. 83. SoaU Cat. •antvetadiala boo as- bat, at ■antcniiam fer- 

B«lb.A. 47. pUra, Cw. Varr. r. rent t«I dkaraot, (^ 

9 tabolaa, ae. accapU ct 10 Aac Oie.C<WB.Vcr. &. Varr. i. 9. Cla. 27. 

eipaarf coaAoKa val 11 in cpUaco vol pitro. li Cie. Paai. lit. 8. 6. 80. 

MOMatfcas ratteaaa rationa. (V. ii. 84. Llr. r. Hi. 18 santaDtiaa faittaat. 

IS Gk SasL 69. Pha* SokI. C«.n.e4. Au«. 


•a a thM, N. L,, mm Uquei^ tc. mAi, I am not dear. fiMfa of 
the judioes threw which of theee taUets he thoi^t proper into 
ao mm. There' wae an nm for each order of judgei ; one for 
the eenaton^ another for the equites, and a third for the Irtftwit 

* * 1 

The pneior, having taken oat and eoonted the hallota^ pro- 
nonnoea lentence aooording to the opinion of the migerity/ In 
a certain forak If a majoritv gaye in the letter C, the prastor 
Mid YiDBTini r■CI8Sl^ i e. gailtr ; if the letter A, voir yidbtitr 
VBCUts, i. e. not guilty ; if N. L., the cause wai deferred.' The 
letter A. was called mtbra sjilutabis, and the tablet on which it 
was markedy tabblla absolutobia, and C, Xtera tristis, the 
tablet, nAMRATOBiA. Among the Greeks, the condemning letter 
was 9, because it was the hrst letter of dupttv^, death ; hence 
called morHfemm and n^ncBi.^ Their acquitting letter is un- 

It was andently the custom to use white and black pebbles/ in 
voting at trials : ' hence cauBa ptmeomm c&lculorumy a cause of 
smalllmportenee, where there were few judges to rote ; omntr cal- 
eubtt immUtm demUiUtar aier m umamp and only Made stones 
were thrown into the merciless um ; i e. he is condemned by all 
the judges ; nportare cakvban dkenorem, to be condemned 
mslioriBi^ to be aoquitted; errori aSium eaiaUum a^icere^ to 
pardon or excuse.' To this Horace is thought to aUnde, Sat. 
iL 3k 946y ereia an carbcme notandif are troy to be approved 
or condeinned ? and Persius, Sat ▼. 108 ; but more fwobably 
to the Boman custom of nuurkin^ in their calendar unlucky 
days with black," and lucky days with white : ' hence noiare vel 
sigmare diem iastrnt ffeama vol aiba, meHoribut kg»iUu, vel albis 
calctilitt to marie a day as fortonate.^^ This custom is said to 
have been borrowed from the Thracians or Scythians, who 
every evening, before they slept, threw into an um or quiver 
a white pebbb, if the day had passed agreeably ; but if not^ a 
black one : and at their death, by counting the pebbles. Aeir 
life was judged to have been happy or unhappy.'^ To this 
Martial beautifully alludes, xii. S4b 

The Athenians^ in voting about the banishment of a oitixen 
who was suspected to be too powerful, used sheUs," on which 
those who were for banishing him wrote his name, and threw 
each his shell into an um. This was done in a popular 

1 Cmt, B«L Of. ffi. (3. • aw cm aatbah •!• Or. Mtt zr. 41. 

CI^ ▼•!■ atrla^H* bpiUlt. 7 PHib Ba I. 2. Qaia. bmght fra* 

t « ilBriam MMMi- kit dtawan iwm, illb tHi. S. |47 Ot. it. 4«. UUnd. 

tik ftbMlfW* napft.— It Corp. J via. 10 Mart. tUL 45. is. 9& 

OB. MMi?«r« nupft.— It \ian,jwna, lo Mart. TliL49.ix.9iL 

S 9mu% mmUbU cat, ««b Um cvaliwi of old 8 oorbooo, wilh ehar^ aL 17. Pm. SaU U. 1. 

Am. GbTVonr. v. C to dooUo ta crialul eoal, whoooo dica atri Pib. Bp. tI. 11. 

Aoad.iT.^7. MMoa Witt blaek aad fiiriahaaci. ^ " '^' 

4 Pv. aal.«.T.U.Ch. wkMo aroaoa, Iko Int • erota vwlercoaa aot^ 

MIL! SmC Aag. as. aaoiaiBid tho ■•. wilk ckalk, Hor. Od. U 


ai.lliiOalladCnta, or 
• Uyim rol oidoolL •Uni htaa iaMcoai, torn Croaaa wt Crad. 

JUDICIAL vmocEMowmB. 917 

•Maaibly ; aad if tiM nombcr of iMIt araounied to 0000» 1m 
vat tMinished for ten f oan/ by an ostaacmm, as it was called. 
Diodorua aaya^ for fire years.' 

Wben the number of judges wlio tiondenmedy and of those 
who acqaitled, was eqoal, the crimtDol was aoquitted,' Calculo 
MiKMKVM, by the vote of Miaenra, as it was termed ; because 
when Oresles was tried before the Areopagus at Athens for 
the murder of his mother, and the judges were divided, he 
wss acquitted by the determination'^ of that goddess.* In 
allusion to this, a pririlege was granted to Augustus, if the nun^ 
ber of the judices, who condemned, was but one more than of 
those that acquitted, of adding his vote to make an equality : 
and thus of acjjuitting the criminal." 

While the judices were putting the ballots into the urn, the 
criminal and his friends threw themselves at their feet^ and used 
every method to move their compassion/ 

The praetor, when about to pronounce a sentence of ooi^ 
demnation, need to lay aside his togaprtUtttta^ 

In a trial for extortion, sentence was not passed after the 
first action was finished ; Uuit is, after the accuser had finished 
his pleading, and the defender had replied * but the cause was 
a second time resumed,* after the interval of a day, or some- 
times more, especially if a festival intervened, as in the esse of 
Verves, which was called coMnEamromATiOy or -atu*^ -44$}^ Then 
the defender spoke first, and the accuser replied ; after which 
sentence was passed, lliis was done, although the cause was 
perfectly dear, by the Glaudan law ; but before that, by the 
Acilian law, criminab were condemned after one hearing." 

When there was any obscurity in Uie cauee, and the judices 
were uncertain whether to condemn or acquit the criminal, 
which they expressed by giving in the tablets, on which the 
tetters N. L. were written, and the pnetor, by pronouncing 
AMnius, the cause was deferred to any day the prsBtor chose to 
name. This was called amvliatio, and the criminal or cause 
was said ampHari; which sometimes was done several tiniest 
and the cause pleaded each time anew.^ ^metimee the praetor, 
to gratify the criminal or his friends^ put off the trial tiU he 
should resign lis office, and thus not have it in his power to pass 
sentence ^ upoh him. 

If the criminal was acquitted, he went home and resumed his 
usual dress. *^ If tliere was ground for it, he might bring his 

1 iMtana Mflbfiifl. 6DI9.U.19. 11 Mm«l dkU cMtt, ilMolata Mt, Val.|Ut. 

S sL ». Nep. Thm. & 7 VaL MtU viO. 1. 6. «•■•! ■■4iUi trttanu. Tui. 1. 11. 

Anil. I.Cmi.3. A«cCb.M.2»c«u. IS CtB. lb. Bnt. tt. 12 m dismt Jw, Ut. 

a Ob Cla. «7. VhtL 8PlauCiciSai.ln. L Us uaplUtu, tartlo slL iS. 

Mv.n*^}^ M. Bbaolatut Mt mu, 14 Mr4ide htUta pod- 

\ ■niMtia. V cwHk itenun dJmb*- Li*. lUti. %. i*. 44. tu. klbu leg»a n«% 

*,Cia. .MIL & M iki tar ▼•! tcvlwtu-. eaau L. CfAia Mp * ' 

Uij^ £a«b. JCiM. 10 Ctc.Vecr. 1. 7. 9. H tics amplUta, at mi. 

S18 ROMAM ANTfgVItlli. 

aocoier to a trial for false aoGusation,' or for what was calloil 
PR.evABic4Tio ; that is, betraying the cause of one's dient, and, 
by neglect or oollosion, assisting his opponent' 

Pravaricari ' signifies properly to straddle, to stand or walk 
wide, with the feet too far removed from one another, not to 

So straight.* Henoe, to shuffle, to play fiist and loose, to act 
eoeitfufiy.* If the criminal was condemned, he was punished 
by law according to the nature of his crime. 

Under the emperors, most criminal causes were tried in the 
seaate,** who could either mitigate or extend the rigour of the 
laws,' althoogfa this was sometimes contested." 

If a person was charged with a particular crime, compre- 
hended in a particular htw, select judges were appointed ; but 
if the crimes were various, and of an atrocious nature, the senate 
itself judged of them, as the people did formerly ; whose power 
Tibraius, by the suppression of the Gomltia, transferred to the 
senate.' When any prorinoe complained of their governors, 
and sent ambassadors to prosecute them,'* the cause was tried in 
the senate , who appointed certain persons of their own number 
to be advocates^ commonly such as the province requested. ^^ 

When the senate twM cognisance of a cause, it was said 
sttse^p^rs vel tecxptrt cognUiatiem, and dare inquMionem, 
when it appointed certain perMns to plead any cause, oare 
ADvocATOs, V. pATROtioa. So ue emperor. When several advo- 
cates either proposed or excused themselves, it was determined 
by lot who snoiud manage tfie cause." When the criminal was 
brought into the senate-house, by the licton, he was said esse 
mmjCTVs. So the prosecutors.^ When an advocate began to 
plead, he vras said descendere ui ocftcms, ad agendum vel ad 
acctmaidum, because, perhaps, he stood in a lower place than 
that in which the judses sat, or came from a place of ease and 
safety to a place of difficulty and danger : thus descenders in 
aciem v. prsMim, in canqnon y. forum, && to go on and finish 
the cause, oaasaifi peragere ▼• perferre. If an advocate be- 
trayed the cause of his dient^^ he was suspended from the 
exercise of his profession,*^ or otherwise punished.^ 

An experienced advocate commonly assumed a young one 
in tfaeeame cause with him, to introduce him at the bar and re- 
commend him to notice.^^ After the senate passed sentence, 

I «l«Mla. lit, PUa. 4M4iMtibHi, M. tt. ▼». C. B. s. M, 

• Cls. T•^ as. Pliik A ia emnrib caul* 9 Tm. Aaa. L lAw POa. » Id. li. 11, 11. *. 4. 

Bpb I. tt. UL 9. gala, ^aaai varla tm pmi- It. 10. 19.80. 

lt.B. 10 Iccatai t«1 laqaial. 14 ilpraiTwieataaMact. 

9 ooai^ar MM at wuA* Die. IvIL 10. at alibi tana nhtdbaal, ^al ki If al adraoatiBBibaa In- 

ca, T. •«. Ikaai vaias, paaaiai. aaa fa^alaltiaDaai p«*- tardictam aat. 

bwr ar baa^r'tatO^i T t^ttgara Ugaa at !»• talaiaat. 10 U, r, 1*. 

crarabMarvahabaaa. Umim: Plia. S*. iL 11 PUa. Ba. U- 11. BI. 17 nadaeara. aalaadm 

crarabMarvahabaaa. Umitrn, Plia. Sp. ii. 11 PUa. Bo. U. 11. BI. 17 

4arator, aW tacivna, 11. It. «. 4. 0. fana at aaatgaara (a- 

pravariaaiar, L a. aaa 6 aMa eagrilJaaaia m- 18 poaiiBa la amaai ■•, PUa. Rp.fl.9lk 

rr^tmm aakaa aglt, aaan lega eaaalaaaai, eoaiaru aaat, Rla. 

vai a iwia aalaadbar- alia libaraa aalataai* Ba. ii. 11. BL 4. ^ 89. 


vimimils uaed to be executed witiiout delay. But Tiberius 
fluued a decree to be made, that no one condemned by the 
tenate ihoold be put to death within ten dayi ; that the emperor, 
if abeent from, the dty, might hare time to consider their sen- 
tence, and prevent the execution of it, if he thought proper.' 


PuviBHNaiTs among the Romans were of eight kinds : — 

1. MuLCTA vel cUammm, a fine, whidi at lint never exceeded 
two oxen and thirty sheep, or the valuation of them ;' but 
afterwards it was increased. 

2. VnicuLA, bonds^ which included public and private cus* 
tody : public, in prison, into wtiich criminals were thrown afler 
confession or conviction ; and private, when they were dalirer^ 
ed to magistrates, or even to private persons, to be kept at their 
houses (m libera autodia, as it was called) till they should be 

A prison * was first built by Ancos Martius, and enlarged by 
Servius Tulliiis ; whence that part of it below cround, built by 
him, was called tvllianum,^ or lautumiss,' in allusion to a place 
of the same kind built bv Dionysius at Syracuse. Another 
part, or, as some think, tne same part, from its security and 
strength, was called aoaua, or robusJ 

Under the name of vineula were comprehended eaterue, 
chains ; compedst vel pedica, fetters or bonds for the feet ; 
nanica, manades or bonds for the hands ; nxavus, an iron bond 
w shadile for the feet or nedc ; ^ alao a wooden frame with 
hdies, in which the feet were pot and fiutened, the stocks: 
sometimes also the hands and neck : called likewise columbab. 
BouBj leathern thongs, and also iron chains^ for tying the neck 
or feet* 

3. Vkrbb&a, beating or scourging, with sttdcs or staves; 
with rods ; ^' with whips or lashes.'' But the first were in a 
ntanner peculiar to the camp, where the punidiment was called 
rusTUABiuM, and the last to slaves. Rods only were applied to 
citizens, and these too were removed by the Pordan law."* But 
under the emperors citizens were punished with Uiese and more 
ssvere instruments, as with whips loaded with lead, &c^^ 

4. Talio,^' a punishment similar to the injury, an eye for an 
<^yO} a limb for a limb, &c. But this punishment, although men* 

1 Ol4»>lvil.».lTiU.S7. 4 cu«v. xnvtti. 59. VaL M«. 12 flagaUU. 

|*«*^«ii.1ii.&l.SMt. » SaO. Cat 55. Vanr. n.8.1. Tae. Ana. it. 18 Hor.KBb4.CiB.llak 
Tih. T5. Son. Uumt, L. L. Iv. 81. Lir. i. 8L Ade. Vrrr.v.V^. Ptni. 4. Jav. s. HML 

*^ ^\' L aw iMa as anibva 8 Faat. In tow. Ck. Varr. lii. 29. Mr. 

*.■*•>*( Atari*. Uv. lKH4i>« cscial ■«■^ 9 Plant. A a. UL 8. 5. x. 9k Sail. Gat. 81. 

J*!i?^». • '•A- » vow, Ut. RndL Hi. 6. W. Imv 14 pluahatia. 

^uT« "***.'> ''•'^•«* nvl* V* *«U- X* v«i*88. 15 sknllltudo Mpplkl 

■.AI.vL&SaU. Cat butH. ft. »jiix. 44. 10 faatikos. vel vlndlcUi. 1i«d 

V. Uf. usk. 14. 9 FmI. iu vocrtt Llv. II vtrgia. mw^im. 



donod iu the Twelve Tables, seems very rarely to have been 
inflicted, because by law the removal of it could be purdiased 
by a pecuniary compensation.^ 

5. Ignominia vel infamia, Disj^oe or infamy was inflloted* 
either by the censors or by lau^, and by the edict of the prstcnr. 
Those made in&mous by a judicial sentence, were deprived of 
their dignity, and rendered incapable of enjoying public offices, 
sometimes also of being witnesses, or of making a testament; 
hence called intjsstabilus.* 

6. ExiLiiTM, banishment. This word was not used in a judicial 
sentence, but aqu^ bt ignis interdictio, forbidding one the use 
of fire and water, whereby a person was banished from Italy, 
but might go to any other place he chose. Augustus introduced 
two new forms of banishment) called depostatio, perpetual 
banishment to a certain place ; and relbgatio, either a tempo- 
rary or perpetual banishment of a person to a certain place, 
without depriving him of his rights and fortunes.* oome> 
times persons were only banished from Italy' for a limited 

7. Seryitub, slavery. Those were sold as slaves, who did not 
give in their names to be enrolled in the censor's books, or re- 
fused to enlist as soldiers ; because thus they were supposed to 
have voluntarily renounced the rights of citizens." 

8. Mors, death, was either civil or natural Banishment and 
slavery were called a civil death. Only the most heinous crimes 
were punished by a violent death. 

In ancient times it seems to have been most usual to hang 
malefEictors,^ allerwards, to scourge^ and behead them,^ to 
throw them from the Tarpeian rock/** or from that place in the 
prison called robur, also to strangle them *^ in prison. 

The bodies of criminals, when executed, were not burned or 
buried; but exposed before the prison, usually on certain stairs, 
called QEMONiJs sc. scala, vel oemonii Qradus;^*-sjkd then drac;ged 
with a hook,^^ and thrown into the Tiber.^* Sometimes, how- 
ever, the friends purchased the right of burying them. 

Under the emperors, several new and more severe punish- 
ments were contrived; as, exposing to wild beasti^^' burning 
alive,^" &C. When criminals were burned, they were dressed in 
a tunic besmeared with pitch and other combustible matter, 
called tunica molesta,^' as the Christians are supposed to have 
been put to death. Pilch is mentioned among the instruments 

I tolio y\ p«Baa radial 57. tnr, fl ccnriMm fna- Vit 17. Taa. RiaU nl 

potent, 0«1I. xx. 1. 7 uliilloi vbori raipai- gtre, FmU Val. Max. 74. Plin. viiL 40. ^ 91. 

% banbalnr r«l Inrv dei«, Lir. i. iA. r. 4. 7. wi. 8L Sal. Ctt. VaL MaJc. rl. S. J. Jar. 

gab«tar» 8 rirgia cBdar*. U. Cle. Vat, 11. Lac. s.66. 

S Digest. 9 Mcnri pereaiera, Lir. iu 154. IS ad baetiia daaiuLtiik 

4 Me p. 57. IL 9, Tli. 19. xxtL U. U qaod gemttu Uou M TinMabori 

ft ila ItaUa interdictaa, 10 dn uxo Tarpeio de- eHCt 17 !$««■ Bp. 14. J«v. 

PUa- Bp. Ui. 9. Jkere, Id. rt iO. IS bboo traeti. vai. SS5. f. IM. Maru 

6 Gie. Ckc Si. m» p. 11 k«u«« gaUni, got- 14 Sae(.Tib.»3.61.7<. 


of torUure in inoie ancMiit timMt' SometaoMs p«nNmi wer« 
ooDdemned to the public works, to eii|(age with wild boMla^ or 
fight ai gladjaton, or wore employed as public slaves in attend- 
iog oo the pabUc baths, in deansiDg common sewen, or 
lepairiiig the streets and highways' 

Slares alter being scourged ' were crucified/ nsoaliy with a 
label or inscription on their breast^ inllmatiBr their crime, or 
the cause of their punishment, aa was oommouy done to other 
criminak, when executed. Thus Pilate put a title or super- 
vcription on the cross of our Saviour/ The form of the cross is 
described by Diooyslus, vii 60. Vedius Pollio, one of the 
riends of Augustus, devised a new species of cruelty to slaves^ 
throwing them into a fish-pond to be devoured by lampreys.* 

A person guilty of pairicide.that ia^ of murdering a parent 
or any near relation, after being severely scourged/ was sewed 
up ip a sack,^ with a dog, a cock, a viper, and an ape, and then 
thrown into the sea or a deep river.' 



Thsbb were very numerous and divided into Dii majormn ffen- 
tium, and Mimanim gentium, in allusion to the division of sena- 
tors." The Du HAJOBUM emiTiuv were the great celestial deities, 
and those called ou sb^bcti. The great celestial deities were 
twelve in number." 

1. JupiTBR,*' the king of gods and men; the son of Saturn 
and Rhea or Opa, the ^ddeas of the earth ; bom and educated 
in the island of Crete ; supposed to have dethroned his father, 
and to have divided his kmrdom with his brothers ; so that he 
himself obtained Uie air anaearth, Neptune the sea, and Pluto 
the infernal regions: usually represented aa sitting on an ivory 
throne, hoidiiig a sceptre in his left hand, and a thunderbolt ^' 
in his riffht, with an eagle ; and Hebe the daughter of Juno, 
and goddess of youth, or the boy, Ganymedes^ the son of Tros, 
bis cup-bearer,'* attending on him ; called jupitkb vkrbtbids," 


^Ment, and had difierent temples ; ^' tabpbus, latialis, oibspi- 
TIB,'' opTiNus HAZiHua, OLTMPicvs, suMMus, &c <Sh6 Jovefviffido, 

lj<c. Auk sv. 44. SBB. 15 ft fcnndfl^ ^Md •! V. ui.Si7.«te4o<»r«l, 

p »Bt. Cjty*. gj, i, 8>« 8 eoJc* iaaatai. tpolia o^in* alTer^ ^odMMlo prodigU AU- 

JaS"^ in. Itaft. 9 Cic. Bo«c Am. U. 18, likatar farealo .ml fb> ainihu, aliov* qoe 

> Pitii. Ep.%,40, aL S«a. CI«B- i. SS. ratra osU, Ut. 1. 10. tIm nun, ennMstar, 

< nbftuw cmL 10 tM p. 2. Oo. Tom. toI • taricado, Pint-fai ««1 npiareBtw, ibid. 

4iacrac«aiM«iaBaL uU. Bomak, omm* qaod * Liv. i. ». 

» llatt.zs«1L S7. Joha U fMoay. tU. 72. Mrta dnx fcrit mm 17 Oio. )iv. 4. Soak 

sa. M. Dm. Bt. i, 18 S«.f ibrv vse. Im daem, P»opb W. il. Au.M.Ol. 
^iMi.Cd.«.l>em.M. Umnm. 40.OiMf.t.S4. 18 dV>l et Ittcia pMMr. 

?Sr*^ ^>^ ^* S. U fabM. 16 fMd M Ulu Mrto 

•• 99. Dto. Ht. S3. 14 i^eraa t«I pOctUjf cwmiUm e oclo elicu* 

r MiifnMa rirgii c» tor. VMM ct«dcbnt, Ov. 


S2S KOMAN /urriguiTiiB. 

tub diOf ander the oold air ; dextro Jove, by tlie favour of Jnpi- 
tor ; incohani Jove, i. e. capitoUOy vbi JvpHer cokhatur} 

i, Juno, the wife and sister of Jupiter^ queen of the gods, the 
goddess of marriage and of child-birth ; called juvo regina Tel 
regia: pronuba' matrona, lvcina," monbta,* because, when an 
earthquake happened^ a voice was uttered from her temple, ad- 
vising the Romans to make expiation by sacrificing a pregnant 
sow;^ represented in a long robe' and magnificent dress* 
sometimes sitting or standing in a light car, drawn by peacocks, 
attended by the AVRis, or air nymphs, as by iris, the goddess of 
tlie rainbow. Jttnone secunda^ by the favour of.' 

3. Minerva or pallas, the goddess of wisdom ; hence said to 
have sprung ^ from the brain of Jupiter by the stroke of Vul- 
can ; also of war and of arms ; said to be the inventress of spin- 
ning and weaving,^ of the olive, and of warlike chariots ; called 
Armipoiens, Tritonia virgo, because she was first seen near the 
lake Tritonis in Africa ; Attica vd Cecropia, because she was 
chiefly worshipped at Athens ; — ^represented as an armed virgin, 
beautiful, but stem and dark coloured, with azure or dcy- 
coloured eyes,^° shining like the eyes of a cat or an owl," 
having a helmet on her nead, and a phime nodding formidably 
in the air ; holding in her right hand a spear, and in her left a 
shield, covered wiSi the skin of the goat Amalthea, by ^vhich 
she was nursed (hence called .sois), given her by Jupitor, whose 
shield had the same name, in the middle of which was the head 
of the Gorgon Medusa, a monster with snaky hair, which 
turned every one who looked at it into stone.^ 

There was a statue of Minerva," supposed to have fallen from 
heaven, which was religiously kept in her tomple by the Tro- 
jans, and stolen from thence by Ulysses and Diomedes. Toie- 
rare colo vitam tenuique Minerva, i. e. lanificio nonqvsstiuMO, to 
earn a living by spinning and weaving, which bring small profit; 
inoUa Minerva^ i. e. adversante et repugnante naitara, against 
nature or natural genius; ^^ agere aliquidpingui itfintfrna, simply, 
bluntly, without art; abnormis eapieriM, crassaque Minerva, a 
jhtlosopher without rules, and of strong rough common sense ; 
rif MiMTvam, s& docet, a proverb against a person who pretends 
to teach those who are wiser than himself, or to teach a thing of 
which he himself is ignorant. Pallas is also put for oil,^* be- 
cause she is said first to have taught the use of it. 

4. Vesta, the goddess of fire. Two of this name are men- 

1 Hor. Od. I. 1. S5. u. 8 quod lae«m usoniti- Ter. HmbU ▼. 4. 13. 14 Virg. An. v3l. ISO. 

S. i3. UL 6. IS. Para, bw d$nu Ov. lb. Ob. Off. L 81. 

T. 114 4 mauumdo. 10 gUueis oenUt, «»••- 14 Or. Bp. ui. 44. Cie. 

S qood ndMBtibu pra- 5 Ck. Div. L 49- ii. SS. mmw*t **n^ A««d. L ^1. VnU Ho-. 

cn»t, $«rr. V\tg. JRn. 6 «toU. 11 ykm^^ ->•(, noctv^ Sat. il. It Gobnol. 1. 

W. 166. Or. Kp. Tf .4!1. 7 Virg. Xa. ir. 49. OeU. iL 86. pr. S8. si. 1. >U 

tUerii pr»r«cu oari* 8 cubi clytiM pr<i«ilm. IS Virc. .¥m. tUI. SM. 

tU, i. e. naptUlihM to. i«M, Ot. V. iii. 841. * Ibi Sarr. 

kB»iutib«t, zii. 69. 9 lanUUi «t mtani. It palladim. 

KELiaiOtf or THB BOMANS. 8S5 

ftiMied by th« poels; ooe the mother, and the other the daughter 
of Saturo, who are otlen confoanded. But the latter chiefly 
was woiahipped at Rome. In her sanctuary was supposed to be 
preserred tiie Palladium of Troy/ and a fire kept continually 
burning by a number of virgins, called tlie Vestal virgins; 
brought by JRneas from Troy ;' hence hie locus est Festa, qui 
PAUADA servat et lONXMy' near which was the palace of Numa.^ 

5. CsBBs, the goddess of com and husbandry , the sister of 
Jupiter; worshipped chiefly at Eleusis in Greece, and in Sicily : 
her sacred rites were kept very secret.^-She is represented with 
her head crowned with the ears of com or poppies^ and her 
robes falling down to her feet, holding a torch in her hand. 
She is said to have wandered over the \vnole earth with a torch 
in her hand, which she lighted at mount JEina* in quest of her 
daughter Proserpina, who was carried oflf by Pluto. Plutus, 
the god of riches, is supposed to be the son of Ceres. 

Ceres is called Le^tera, the lawgiver, because laws were the 
effect of husbandry, and Arcana, because her sacred rites were 
celebrated mth great secrecy,^ and with torches ; ' particularly 
at Eleusis in Attica,^ from which, by the voice of a tierald, the 
wicked were excluded ; and even Nero, while in Greece, dared 
not to profiine them. Whoever entered without being initiated, 
although ignorant of this prohibition, was put to death.^ Those 
initiated were called mtst^,^*^ whence mysttriwn, A pregnant 
sow was sacrificed to Ceres^ because that animal was hurtful to 
the corn-fields.^ And a fox was burnt to death at her sacred 
Htea, with tcnrches tied round it; because a fox wrapt round 
with stubble and hay set on fire, being let go by a boy, once 
burnt the growing com of the people of Carseoli, a town of the 
^^ui, as the foxes of Samson did the standing corn of the 

Ceres is often pot for com or bread ; as sine Cerere et Baccho 
friget Fenus, without bread and wine love grows cold.^^ 

(i. Neptuhx,** the god of the sea, and brother of Jupiter ; 
represented with a trident in his right hand, and a dolphin in 
his left ; one of his feet resting on part of a ship ; his aspect 
majestic and serene : sometimes in a chariot drawn by sea- 
horses, with a triton on each side ; called mqmvs ; because wor- 
shipped at ^ea, a town in the island of Euboea.^^ Uterqus 

1 faUla |Mgim Sapcril « bine Ccraris sacrU Dmi,— ud by tlis m- ir. 681. to 712- 
"*"wi> — tke nt«I nnno qnoqos Ueda d»- etrA mj%x»nn of the 13 Ttr. Ban. ir. S, 6L 
pl««f« or tho KomMA tor,— heneo !t if th«t t»refa.bMriBf goddoM, CIc. NaU D. tt. S3. 

_*^pir«.Lir.xzT{.27. b the McriiicM ofCo- OT.EB.ii. 4S. 14 • nindo, CIc N«t. 

> VlTf. An. IL S97. roe, • lighted torch is 8 tacra Elen^la. D. U. 88. vel o«o4 

a tbia it tbe piaM (ten. still niToa to thoM 9 Soot. Nrr. 34. liv. mare tonaa olmnbit, at 

Pl*)af Veila, in which who porfbna the aero- xxx:. 14. aabte eoBlum; a aap- 

wanUidiam ia kept, asoajr, Or. F. iv. 494. 10 Ov. F. ir. 886. a ta, id oat opiBrtioBo; 

^ *ha ptrpetaal ira, 6 or. Od. ,.«•, pr^tno. nade impiia. Yam L. 

A-Z'^ in. 1. 38. Ui. 8, 87. 11 Of. Pteiil. U. 9. 80. L. ir. 10. 

* ^ «. Hot. Od. L S. 7 vhaMO. et per t»dl. Mot xr. 111. 18 Virr. JSa. tIL 71. 

^ fera n7»tiea saeim IS Jadf. xr. 4. Or. F. Uon,lLr.S9. 


Nepivnui, the mare supemm and inferum, on both rideeof Italy , 
or, Neptune who presides over both salt and fresh water.' 
Nepluiua arva vel regna, the sea. Nepttmius dux. Sex. Porapeius, 
who, from his power at sea, called himself the son of Neptune. 
Neptunia Pergama vel Trqfa^ because its walls were said to 
have been built by Neptune and Apollo,' at the request of 
Laomedon, the fatner of Priam, who defrauded them of their 
promised hire,'' that is, he applied to that purpose the money 
which he had rowed to their service. On which account Neptune 
was ever after hostile to the Trojans* and also to the RomansL 
Apollo was afterwards reconciled by proper atonement ; being 
also ofiended at the Greeks for their treatment of Chryseis, the 
daughter of his priest Ghryses, whom Agamemnon made a 
captive. The wife of Neptune was Amphitrite, sometimes put 
for the sea.* Besides Neptune, there were other sea gods and 
goddesses; Oceanus, andnis wife Tethys; Nereui^ and his wife 
i>oris, the Nereides* Thetis, Doto, Galatea, &c Triton, Pkx>teus, 
PortumnuSf the son of Matuta or Aurora and Glaucus^ Ino, 
Palemon, kc 

7. ViEicus, the goddess of love and beauty, said to have been 

produced from the foam of the sea, near the island Cythera ; 

hence called Cytherea, Marina, and by the Greeks A^^xnr. 

ab et^^og, spuma ; according to others, the daughter of Jupiter 

and the nymph Dione; hence called Dionma mater, by her son 

tineas, and Julius Caesar dMflisnSias being descended from 

lulus, the son of .^neas. Diotusostw^*^ under the cave of 

Venus,— the wife of Vulcan, but unfaithmtUo Wm ; * worshipped 

chiefly at Paphos, Amathus, •untis,and IdaMf^^- ~^u™ ^" Cyprus; 

at £ryx in Sicily, and at Cnidus in CfM^i ^®°*^ <^^'®^ 

Cypris, -Idis, Dea Paphia; Amathusia VeniK ^«»"» J^**»"' 

and KaTcm A ; Regina Cnidia : Venus Cnidiai^V*^'^' decent, 

aurea, formosa, &c also Cloacina or CbgOBinSj^^^'^ ditere, 

anciently the same with btere or purgare, becauseY®"^ temple 

was bmlt in that pUce, where the Romans and SabT^' ^^^ 

laying aside their arms, and concluding an agreement^ ]P""^^ 

themselves. Abo supposed to be the same with LibUP*» .*® 

goddess of funerals, whom some make the same with Pwf^*"^ 

•—often put for love, or the indulgence of it: danmoscky^^^' 

pernicious venerv. Sera juvenum Venus, eoque indr'^"^ 

pubertag, the youths partake late of the pleasures of lom®' *"^ 

hence pass the age of puberty unexhausted; for a nc*^"^ 

for beauty, comeliness, or grace. Tabula pictte Fcf" 

VenuMias, quam Graci ^u^tret voc ant ; dicendi Venot 

^'^^H^f^' '?'^J!^h''''^ S5^:?-,5rv;i: J: feaf-'f 

«or. fcp. ii. 7. Dio. A«.«a. Ho>i. Ii. 1. «. Or. Meu Iy. 171. I 




graces ; Vfnerem habere. Cicero says there were more than one 

The tree most acceptable to Venos was the myrtle, hence she 
was called iiTRTBA,-%r.d by coiruption mitbcia, and the month 
most agreeable to her was April, because it produced flowen ; 
hence called mentis yierkbis, on the first day of which the 
matrons^ crowned with myrtle, used to bathe themselves in the 
Tyber, near the temple of fortctna virilis, to whom they offered 
frankincense, that she would conceal their defects from their 
husbands.' ' 

The attendants of Venus were her son cuptd ; or rather the 
Cupids, for there were many of them ; but two most remarkable, 
one, Eros, who caused love, and the other, Anteros, who made 
it cease, or produced mutual love ; painted with wings, a quiver, 
bow, and oarts: the three oraces, {Gratim vel Charites)^ 
Aglaia or Pasithea, Thalia, and Euphrosyne, represented 
generally naked, with their hands joined together; and ntmphs 
dancing with the Graces, and Venus at their head.' 

8. VuLCAiiiTS Tel MtilcibeTf the god of fire* and of smiths ; the 
•on of Jupiter and Juno, and husoand of Venus : represented as 
a lame blacksmith, hardened from the forge, with a fiery red 
faoe whilst at work, and tired and heated after it He is 
generally the subject of pity or ridicule to the other gods, as a 
cuckold and lame. Vulcan is said to have had his work-shop * 
chiefly in Lemnos^ and in the A^lian or Lipari islands near 
Sicily, or in a cave of mount JKtna. His workmen were the 
Cyclopes, giants with one eye in their forehead, who were 
usually employed in making the thunderbolts of Jupiter." 
Hence Vulcan is represented in spring as eagerly lighting up 
the fires in their toilsome or strong smelling^ work-shops,^ to 
provide plenty of thunderbolts for Jupiter to throw in summer, 
called avidue, greedy, as Virgil calls ignis, fire, edax, from its 
devouring all things; sometimes put for fire; called luteus, 
from its colour ; fi^m hUeum v. lutum, woad, the same with 
glasiwn;^ which dyes yellow f or rather from lutum, clay, luteus , 
dirty. Cicero also mentions more than one Vulcan,*" as indeed 
he does in speaking of most of the gods. 

9. Mars or Mavors, the god of war and son of Juno ; wor- 
shipped by the Thracians, Getie, and Scythians, and especially 

I Nat. D. lU. S3. Ve- Hor. Ep. 1. IS. 21 . Sit. 1 Hor. Od. i. 4 ft^ Vb-g. An. II. 7S3. 811. 

nn dfeu, ^nod %ima- L 2. 119. 4. 118. Tie. M. 6. i'u 8. 18. S«ik t. 668 rii. 77. 

aatrM vrniret; ■!<)» Mor. Q«r. 20. Virg. |l«n.i. 1. 9 hcrba qm cmvtom 

« M Teiuut>t,-.e«II< Kcl. HI. 68.Pkut.Stle. 4 lf:nipoteiis,Virg. An. infiaunt, Vitr. rii. 14. 

«d Vtnas, bcenin ahn IL L ». Quo. x. 1. SMk s.iM8. Plin. suUL 9. e. 96. 

BM KD iaillaenc« npon Ben. ii.^ 5 oAieina. erooao mntabit relkrn 

fU thiagi; and from t Or. P. ir. U8« *e. 6 Virg. iKn. rilL 416. lato,— •hall tinge hie 

Mr the vord renmtM, Hor. Od. It. U. IS. 7 ^nret ardeas nrit of* fleeoe with edFron dje, 

u. tj. H VtMril, U «. Virg. Be. rii. 8SL Snr. firinu. Virg. Kel. v. 44. late- 

■^.vi VeMrii,CM.17. la loe. Xn. t. 78. viii. 8 O*. B.G. t 14. Hor. u> ori, tlie folk ot an 

P't>. ST. 89. s. atk 633. Plin. zt. 29. •. 84. Od. U 4. 7. iii. 58. Sat. egg, Plin. x. 68. 

>UT. 10. n 88. Dionr. PlM. QMMt. Ren. 80. i. 3. 74. Plaat. Amnk. 10 l4aU D. iii. SI. 

*'. 1ft. PiM. Nam. 67. Varr.X. U iT.88. I 1. 189- Jnv. x. IdJ. 


by the Romansy as the fiither of Romulus, their found«ry called 
(iradiTus/ painted with a fierce aspect^ ridinff in a <liariot, or 
on horsebacKy with a helmet and a spear. S&rs^ when peace- 
able, was called guiamus.* BKLLz:ik, 4h? X7^<4®*s o^ wv» ^** 
the wife oi sister of Mars. 

A round shield ' is said to hare fallen from heaTon in the 
reign of Numa, supposed to be the shield of Maia ; which was 
kept with great care in his sanctuary, as a symbol of the perpe- 
tuity of the empire, by the priests of Mars ; who were OBdled 
SALU ; and that it might not he stolen, eleren others were made 
quite like it* 

The animals sacred to Mars were the horse, wolf, and .the 
wood-pecker.^ Mars is often, by a metonymy, put for war or 
the fortune of war ; thus, aquo, vario, ancipite, incerto Marie 
pugnatum eat^ with equal, rarious, doubtful success ; Mart com^ 
tnwm^ the uncertain events of war ; accendere Mortem cantu, to 
kindle the rage of war by martial sounds; i. e. pugnam vel 
mUUes ad pugnam tuba ; coUato Marte et emimte pugnare, to 
contend in dose battle, and from a distance ; invaaunt Mortem 
clgpeii, they rush to the combat with shields, i. e. pugnam ine- 
unt ; nostra Marte aliquid peragere, by our own strength, without 
assistance ; verecundue erat, equitem suo aiienogue Marte pug- 
nare^ on horseback and on foot ; vaiere Marte forensic to be a 
good pleader; dicere difficile est, quid Mars tuns egerit illic, i. e. 
dellica virtuSf valour or courage ; nostra Marte^ by our army or 
soldiers; aitero Marte^ in a second battle; Mars tmts, your 
manner of fighting ; ittcursu gemmi Mortis^ by land and sea.* 

10. Mbbcurius, the son of Jupiter and Mai a, the daughter of 
Atlas ; the messenger of Jupiter and of the gods ; the god of 
eloquence ; the patron of merchants and of gain, whence his 
name (according to others, quasi Medicurrius, quod raedius inter 
deos et homines correbat) ; the inventor of the lyre and of the 
harp ; the protector of poets or men of genius.' of musidans^ 
wresUen^ &c ; the conductor of souls or departed ghoets to their 
proper mansions; also the god of ingenuity and of thieves, 
called Cylienius vel Cyllenia proles, from (^yllene, a mountain 
in Arcadia on which he was bom ; and TegesBus, from Tegea, a 
city near it 

The distinguishing attributes of Mercury are his petasus^ or 
winged cap; the talaria, or winged sandals for his feet; and 
a caduoeus, or wand" with two serpents about it, in his hand; 
sometimes as the god of merchants ne bears a purse.' 

Images of Mercury ^" used to be erected where several roads 

1 • fradind^ Ot. P. 4 udlta, -tui, rel Art Am. {.Sit. Hor. 10. Vir!;. Jto. ir. 
it.8Bi. -loraa. Od. iii. S. S». M. vUi.l3& 

3 SwT. Virfc. L tM. 9 picas. 7 HefcarUliua rir*. |0 HcnMtnnd 

aMil* mod A onbi 6 Lac. vi. M0. VIrf. not. lets bmU wWi a mw- 

pwl* rerfmuB Mt, Or. Gie. Ur. Hi. 01. Ov. 8 vtrga. blc hwd of Mmwtrt 

W Ci. 177. Pont. Ir. 6. 39. 7. i5. 9 BMrtttftna, Hor. i> oc Ikea, i««. riii. S^ 


RMt,' to point out the way; on sepulchres, in the porches of 
temples and houses, &c. £x muwis ligno nan JU Mercurhts^ 
erery one cannot become a> scholar. 

11. Apollo, the son of Jupiter and Lalona, bom in the island 
Deles; the god of poetry, music, medicine, augury, and archery ; 
called also Fhesbos and SoL He had oracles in many places, 
the chief one at Delphi in Phods ; called by Tarious names from 
the places where he was worshipped, Gynthius, firom Cynthns, a 
mountain in Delos ; Patareus, or -seus^ from Patara, a city in 
Lycia ; Latous, son of Latoua ; Thymbrsus, Grynsrasy &a ; also 
Pythias, from having slain the serpent Python.* 

ApoUo is usually represented as a beautiful beardleei young 
man, with long hair (hence called intonna et erinitui),* holding 
a bow and arrows in his right hand, and in his left hand a lyre 
or harp. He is crovrned with laurel, which was sacred to him, 
ss were the hawk and raTon among the birds. 

Ihe son of Apollo was JMCUiApnjs, the god of physic, wor- 
diipped formerly at Epidaurus in Aiwolis, under the form of a 
•erpent, or leaning on a staf^ round which a serpent was en- 
twined : — represented as an old man, with a long beard, dressed 
in a loose rooe, with a staff in his hand. 

Connected with Apollo and Mlnenra were the nine nusas ; 
said to be the daughters of Jupiter and Mnemosyne or memory ; 
CalliopcL the muse of heroic poetry ; Clio, of history ; Melpo- 
mene, of tragedy ; Thalia, of comedy and pastorals ; Erato, of 
lore songs and hymns ; Euterpe, of playing on the flute ; Terp- 
iicfaore, of the harp ; Polyhymnia, of gesture and delivery, also 
of the three-«tringed instrument called barbitos, vel -on ; and 
Urania, of astronomy.* 

The muses frequented the mountains Parnassus, Helicon, 
Pierus, &c., the fountains Gastalius, Aganippe, or Hippocrene, 
&&, whence they had yarious names, Heliconidee, Pamassides, 
Pierides, Castalides, Thespiadea, Pimpliades, && 

13. DiAiiA, the sister of Apollo, goddess of the woods and of 
banting ; called Diana on earth, Luna in heaven, and Hecate in 
bell: hence tergemaia, diva irifomuM^ tria virgMi ora Dianw; 
also Lodna, IHthya, et Genitalis seu Genetyllis, because she 
assisted women in child-birth ; Noctiluca, and siderum reginaf 
Trivia, from her statues standing where three ways met. 

Diana is represented as a tall, beautiful virgin, with a quiver 
on her rimulder, and a javelin or a bow in her right hand, 
chasing deer or other animals. 

These twelve deities were called consbntbs, -ton,' and are 

!▼. T. F >M — I— i» fab h eoullioa J^ Nat. u.4L aenwani, 

NUvsOMraa. ▼» ■lkib«taat«r. An* fwui ewUMthralra, 

MMMtar. 5 Virg. A*. Iv. S8 gaida. da Clrit. IM, val a Manado, L a. 

SOv.Trirt. «.!.«. H«r. Pv 83L teodKia aalai caaaola* 

• Aaa. Bd. W. DM. C Vwr. U L. vil 38. daai adTWrt, Sta. Q. 


comprehended in these two vetset of Ennius, as quoted by Apu- 
leius, de Deo Sacruth : 

Juno, Vesta, Minenra, Ceres, Diana, Venus, Mara, 
Mercurius, Jovi', Neptunus, Vulcanus, ApoUa 

On ancient inscriptions they are thus marked : — j. o. k. i. e. 
Jovi opiimo maximo^ cbtbrisq. dis coirs bktibus. They were also 
called Dii MAOM/, and coclbstbs, or nobilks, and ace represented 
as occupying a different part of heaven from the inferior goda, 
who are called plebs.^ 


1. Saturnus, the god of time ; the sou of GobIds or Uranus, 
and Terra or Vesta. Titan his brother resigned the kingdom 
to him on this condition, that he should rear no male ofispring. 
On which account he is feigned by the poets to have devoured 
his sons as soon as they were born. But Rhea found means to 
deceive him, and bring up by stealth Jupiter and his two 

Saturn, being dethroned by his son Jupiter, fled into Italy, 
and gave name to Latium, from his lurking there.' He was 
kindly received by Janus, king of that country. Under Saturn 
is supposed to have been the golden age, when the earth pro- 
duced food in abundance spontaneously, when all things were 
in common, and when there was an intercourse between the 
gods and men upon earth ; which ceased in the brazen and iron 
ages, when even the virgin Astrea, or goddess of justice herself, 
who remaioed on earth longer than the other gods, at last, pro- 
voked by the wickedness of men, left it llie only goddess 
then left was Hope.^ Saturn is painted as a decrepit old man, 
with a scythe in his hand, or a serpent biting off its own tail. 

2. Janus, the god of the year, who presidml over the gates oi 
heaven, and also over peace and war. He is painted with two 
faces.* His temple was open in time of war, and shut in time ot 
peaces A street in Rome, contiguous to the forum, where 
bankers lived, was called by his name, thus Jamu nanmus ab 
imOf the street Janus from top to bottom ; medius^ the middle 
part of il' Thoroughfares' from him were called Jani, and the 
gates at the entrance of private houses, Jannie ; thus, dextro 
JANO porta CABMiDrTALis, through the ri^t hand postern oi the 
Carmental gate.' 

3. Rhba, the wife of Saturn ; called also Ops, Cybele, Magna 
Mater, Mater Deorum, Berecynthia, Idaea, and Dindymene, 

1 Vln. Sn. 1. 391. iil. S a ktowio. 4 bUnma rd bioeM. 6 tnmtklMiM aervtat. 

11. Or Am.m. 6. Mm. 8 VIrg. O. i. IS&Or. 5 Her. Ep. i. l.M.8«t. f do. N. O. it. 27. Uw 

i. 178. VUni. i. 8. Gk. M*l. I. ISO- Pant. L S. U. 3. 1& Cie. PUL tI. iL 4a, 

Ltf g. tt> 8 89. i. hit. L 19. 


from three mountains in Phrygia. She waa painted aa a natron, 
crowned with towen/ Hitting^ in a chariot drawn by lions.' 

Cybele, or a sacred stone^ called by the inhabitants the mo- 
ther of the gods, was brought from Peminos in Phrygia to 
Rome, in the time of the second Punic war.' 

4. Fl0to, the brother of Jupiter, and king of the infernal 
regions; called ako Orcus, Jupiter infemui ei Stygius. The 
wife of Plato was proskbpina, the daughter of Ceres, whom he 
carried off, as she was gathering flowers in the plains of Ennn,' 
in Sicily ; called Juno inferna or Stygia, oflen confounded with 
Hecate and Luna, or Duma ; supposed to preside over sorceries 
or incantations/ 

There were many other infernal deities, of whom the chief 
were the fatbi or Destinies,' the daughters of Jupiter and 
Thenria, or of £rebus and Nox, three in number; Glotho, 
Lachesis, and Atropgs, supposed to determine the life of mea by 
spinning. Clotho tield the distaff, Lachesis spun, and Atropoe 
cttt the thread : when there was nothing on the diataff to spin, 
it was attended with the same effect Sometimes they are all 
represented as employed in breaking the threads.^ The furies,' 
also three in number, Alecto, Tisi^one, and AiegsBra ; repre- 
sented with wings and snakes twisted in their hair : holding in 
their hands a torch, and a whip to torment the wicked ; mors 
vei Lufium^ death; somnrs, sleep, &c. The punishments of 
the infernal regions were sometimes repreoented in pictures, 
to deter men from crimes.^ 

5. Bacchus, the god of wine^ the son of Jupiter and Semele ; 
called also Liber or Lyaeus, because wine frees the minds of 
men firom care: described as the conqueror of India; repre- 
sented always young, crowned with vine or ivy leares, sometimes 
with horns ; hence called corhigkr,' holding in his hand a tkyr' 
ifUf or spear bound with ivy : his chariot was drawn by tigers, 
lioos, or lynxes, attended by Silenus, his nurse and preceptor, 
bacchanals," and satyrs. The sacred rites of Bacchus ^ were 
celebrated ererv third year^ in the night-timep chiefly on 
CithaBron, and ismenos in Bcaotia. on Ismarus, Rhodope, and 
£don in Thrace. 

pRiApus, the god of gardens, was the son of Bacchus and 

6. Sol, the sun, the same with Apollo; but sometimes also 
distiDgnished, and then supposed to be the son of Hyperion, one 
of the Titans or giants produced by the earth ; who is also put 
for the sun. Sol was painted in a juYcnile form, having his 

1 i^^^ Hnlnl pamat. 8 naat. Capt. r. 4. I. 11 BaeelMMlia, orMb, 

* Ov. F. W. M9, *c • Uc BL18. Ov. Paai. 9 Or. Bf, sHL 83. ▼•! DfoaytU. 

1 Lhr. nil. U« U. L S. M. Bp. sU. & Am. 10 fraaik wmmb, Bie. 18 (mbm oallad trlata- 

* VMaicito |«aMM. tt. 6. 46. dtv, TkvadM to! Ma- ite 

'•R», • puta4«. f Fvte v*l Dint, E«- awiaa. Or, F. U. 715 18 9nr. Virg. O. Iv. 8. 
1^ aB«|phraafai ftoi maaiOu rnl Ittlanjru — 770. Bp. W. 47. 



head surrounded with rays, aud riding in a chariot drawn by 
four horses, attended by the Horae or four seasons : Ver, the 
spring-; ^^tas, the summer; Autumnus^ the autumn; and 
HiemSy the winter.^ The sun was worshipped chiefly by tiie 
Persians under the name of Mithras. 

7. Ix7NA, the moon, as one of the Dit SetecH, was the dauffhter 
of Hyperion and sister of Sol. Her chariot was drawn only by 
two horses. 

8. Gbnius, the d<Bmon or tutelary god, who was supposed to 
take care of every one from his birth during the whoh» of life. 
Places and cities, as well as men, had their paiticuhur Genii. 
It was generally belieyed that erery person had two genii, 
the one good, and the other bad. Defrawiare gewhan auum^ 
to pinch one's appetite ; mdidgere genio, to indulge it' 

Nearly allied to the genii were the labbs and psnates, house- 
hold-gods, who presided over families. 

The Lares of the Bomans appear to have been the manes of 
their ancestors.' Small waxen images of them, clothed with a 
skin of a dog, were placed round the hearth in the hall.^ On 
festivals they were crowned with garlands, and sacrifices were 
offered to them.* There were not only lAires domutici et 
fttmiliares, but also compitales et vialea, miHttares et marini, &c. 

The Penettes^ were worshipped in the innermost part of the 
house, which was called penetralia : also impluvium, or com- 
pbtvium. There were likewise publici PetuUes, worshipped in 
the capitol, under whose protection the city and temples were. 
These .^eas brought with him from Troy. Hence peUrii 

Some have thought the Lares and Penates the same ; and 
they seem sometimes to be confounded. They were, however, 
difllerent.' The Penates were of divine origin ; the Lares, ot 
human. Certain persons were admitted to the worship of the 
Lares, who were not to that of the Penates. The Penates were 
worshipped only in the innermost part of the house, the Lares 
also in the public roads, in the camp, and on sea. 

Lar is often put for a house or dwelling: opto cum lore 
fundutf a farm with a suitable dwelling. So Penates: thus, 
nastriM mocede Penatibus hospes^^ come under our roof as our 


Thxbb were of various kinds : 

IOt. MM.U.S8. onne qao vnoutiir Dll par owm pMitai VIrs. Aa. S. SHL 717* 

S Tv. Pker. L I. 10. hominM, muu: sirs spinumM,lfMr»b.8«t. ULMSifr. MS. 

Vm%. V. Iftl. qwd psollw iasidMt, m.A. idea M Mani 6 U«. 1. S9. Ck. Qisia. 

a VIrg. iBa. ls.tU. . -^dwT Ihm umu, Dii, Juntter. J«m, H|. 2S.S7.y«rr.inK 

4kisli1a. ' au kinas sf (wMut a«Ta, S«-r. VIrg. 9 Hor. Od. 1. It. 44. 

» Plairt. trin. i. 1. Jcv. prariMMs ; or bscsn* i«ii.ii.»8. Or. r. vi. 9C SSL «». 

KB.8S.Swt.Aa8. SI. tlwy imM* withla, 7 Cie. Dm. 97. SmC 10 Vln. Mm. rift. 1», 

i slrsspssa; vsltala Cie. Nsi. Daor. & tj. Aug. «. Ur. til. 17. FlU. Pta.4f 


1. Dn DOMttBTn, or heroea^ imnked among Ibo fpods on ae- 
count of their virtue and meriti ; of whom the chief Mreie, — 

HKBCULBa, the aon of Jupiter, and Alcmena wife of Amphi- 
tryon, king of Thebes; famous for his twelve labours, and 
other exploits : squeezing two serpents to death in his cradle^ 
killing the lion in the Nemsan wood, the hydra of the lake 
Lema, the boar of £rymanthus, the brasen-footed stag on 
mount Menalusu the hanpies in the lake of Stymphalus, Dio- 
medes, and his horses, wno were fed on human flesh, the wild 
boll in the island of Crete, deansing the stables of Augeaa^ 
subduing the Amaxons and Centaurs, dragging the dog Cer- 
berus from hjoUy carrying off the oxen of the throModied 
Geiyon from Spain, fixing pillars in the fretwn Gaditamim, or 
straits of (Hbraltar, biinging away the golden apples of the 
Hesperides, and killing the dragon which guarded them, slay- 
ing the giant AntSBus, and the monstrous thief Caous, &c 

Hercules was called Alddes, from Alcaeus, the lather of Am- 
phitryon ; and Tirynthius, from Tiryns^ the town where he was 
wm ; (EtSBus, from mount OBte. where he died. Being con- 
sumed by a poisoned robe, sent him by his wife Dejanira in a 
fit of jealousy, which he could not pull olf, he laid himself on a 
funeral pile, and ordered it to be set on lire. Hercules is re- 

Cmted of prodigious strength, holding a club in his right 
, and clothed in the skin of the NemsBan lion. Men used 
to swear by Hercules in their asseToratioos : HercU^ Meherck, 
▼el -e« ; so under the title of oros fidivs, i. e. Deu$ jidei^ the 
god of faith or honour ; thus, per IHum Fidium^ me lints JSdiut, 
sc /uotft^ Hercules was supposed to preside too over treasures : 
hence dives andco Hercuie, oeing made rich by propitious Hercu- 
les ; dextro Bercule, by the favour of Hercules.* Hence those who 
obtained great riches consecrated ' the tenth part to Hercules.* 

Castor and Pollux, sons of Jupiter and Leda, the wife of 
Tyndarus, king of Sparta, brothers of Helena and Clytenmestra, 
said to hare been produced from two eggs ; from one of which 
came Pollux and Helena, and from the other, Castor and 
Ciytemnestra. But Horace makes Castor and Pollux to spring 
from the same egg. He, however, also calls them f&ataes 
RBLBiA, the gods of mariners, because their constellation was 
much observ^ at sea : called Tyndaridie, Gemini, &c. Castor 
was remaricable for riding, and Pollux for boxing ; represented 
as riding on white horses, with a star over the head of each, 
and covered with a cap ; hence called fratbxs pilbati. There 
was a temple at Rome dedicated to both jointly, but called the 
temple only of Castor.^ 

I u**^^ Cat. ». g Mlhmbant. Bucb. It. 14, 19. Plot. Od. t. 3. & IS. «. Dw 

D^i*. ^ ii- <• IS. 4 Cic. Nw. D. ifl. aS. CrmH. uiiU mrVL 8. S«M. (}«•. 

'^*'>>^^ PlanU Stick I S. »«. 5 Hor. S«t. ii. 1. 16. 10. PMt Cat -^y 

tf 8 


MneaSf called Jupiter Indiffee ; and Romidiiay gonorDs, after 
being ranked amongr the gods, either from qmris a spear, or 
Cures, a city of the Sabines.^ 

The Roman emperors also after their deaUi were ranked 
among the gods. 

S. There were certain gods called sbmonks ; ' as, 

Put, the god of shepherds, the inventor of the flute; said to 
be the son of Mercury and Penelope, worshipped chiefly in 
Arcadia; hence called Arcadiug, and MeBnaUus, vel -ddeSf et 
lAfceuM, from two mountains there ; Tegeaut, firom a city, 8lc 
called by the Romans Imtus; — ^represented witii horns and 
goat's feet. Pan was supposed to be the author of pudden frights 
or causeless alarms; from him called Panici terrores.^ 

Faunus and Stlvikvs, supposed to be the same with Pan. 
The wife or daughter of Fauuus was Fauna or Fataa, called also 
Macica and bona dba.^ 

There were sereral rural deities called fauvi, who were be- 
lieved to occasion the nightmare.' 

VEwnnanjs, who presided over the change of seasons and 
merchandise; — supposed to transform himself into different 
shapes. Hence Fertumms natut iniquia, an inconstant man.^ 

Pomoita, the goddess of gardens and fruits; the wife of 

Flora, the goddess of flowers ; called Ghloris by the Greeks.^ 

Tbrminus, the god of boundaries ; whose temple vras always 
open at the top.' And when, before the building of the capitol, 
all the temples of t)ie other gods were unhallowed,^*^ it alone 
could not,^ which was reckoned an omen of the perpetuity of 
the empire. 

Palbs, a god or goddess who presided oror flocks and herds 
usually feminine, paHoria palbs?* 

Htmbn vd HTMBNxus, the god of marriage. 

Lavbrn A, the goddess of thieves.^ 

Vacuna, who presided over racationf or respite from business.^* 

Avbrruncus, the god who averted mischiefs.^' There were 
several of these. 

Fascinus, who prevented fascination or endiantment 

KoBxeus, the god, and rubigo, or bobioo, the goddess who 
preserved com from blight ^^ Ovid mentions only the goddess 

1 Ot. p. iL 476—480. nhUlton Immtttera, thins »t>or« \am bat 12 Flor. L 90. 

I auwi ■oniiboaini*, PUa. ur. 4. the •tare, Ot. F. JL IS Hor. Kp. i. 16. 6U. 

lataoTM dib at maJoraa 6 ^n^ ir. S. Hor. Sat 071« 14 Ov. F. vi. M7. 

homiaiboa,— {nfanorto ii. 7. 14. 10 •xannrarentar. U oiala aTvrraacaba^ 

th« MipranM goda, bat 7 Ot. Met. xIt. 63. 11 Liv.uSS. T.S4.JoTt Varr. rL f . 

aujpartor to aian, Lit. 8 Lact. I. M. Ot. F. t. Ipai real nehiU conoe- 16 a rubiglm, 0«U. t- 

Till. SO. l$3. d«ra,--IUi would not IS. 

S Ci(. OUmT. T. 10. 9 ••!»»•• quid giTO plaea to mat 17 FaaClT.Sll. 

4 Macrob. .Sat i. IS. aUI aidara oaraal,— Jov* hinMoU; OelUxU. 

b ludibria ooetia *«1 ibal ba mi{^t a«e ao- b. lir. lb. 


Msnuna, tke goddfln of bad smelk.^ Cloacina, of the cioaea, 
or oommoD seworsL 

Under the Semones were oooiprehended the MTMras,' female 
deitiee, who presided over all parts of the earth : over moun- 
tain^ Oreades ; woods, Dryades, Hamadryades, Napaeae ; rivers 
and foontaina, NAIades vel Nai&des ; the sea. Nereides, Ooeani- 
tides, &a — Each river was supposed to have a particoJar deity, 
who presided over it; as Tibwrinus over the Tiber;' £ridanus 
over the Po ; taurino vitU% with the ooantenanoe of a bull, 
and horns; as all rivers were represented** The sources of 
riven were particulsrly sacred to some divinity, and cultivated 
vridi religious ceremonies. Temples were erected; as to 
CUtamnns, to Ilissus; ' small pieces of money were thrown into 
them, to render the presiding deities propitious ; and no person 
was allowed to swim near the head of the spring, because the 
touch of a naked body was supposed to pollute the consecrated 
vraters." Thus no boat was allowed to be on the laau VaMmonis^ 
in which were seversl floating islands. Sacrifices were also 
offered to fountains ; as by Horace to that of Bandusia, whence 
the rivulet Digentia probably flowed.' 

Under the bbmonks were also included the judges in the in- 
femal regions, Minos, JSacus, and Rhadamanthus ; chaboh, the 
ferryman of hell,'* who conducted the souls of the dead in a 
boat over the riven Styx and Acheron, and exacted from 
each his partorium or freight,^ whidi he gave an account of to 
Pluto; hence called, pobtitob: the dog ckbbbbus, a three- 
headed monster, who guarded the entrance of helL 

The Roraaus also worshipped the virtues and affections of the 
mind, and the like ; as Piety, Faith, Hope, Concord, Fortune, 
Fame, &c., even vices and diseases ; and under the emperon 
likewise foreign deities ; as Isis, Osiris, An obis, of the Egyp- 
tians ; ^^ also the winds and the tempests : Enrus, the east wind ; 
Auster or Notua^ the south wind: Zephyrus, the west wind; 
Boreas^ the north wind; AfHcos, the south-west; Corus, the 
north-west; and jiolus, the god of the winds, who was supposed 
to reside in the Ldpari isbnds, hence called Insulas molis : 
AUBJB, the air-nymphs or sylphs, &c. 

The Romans wonhipped certain gods that they might do 
them good, and othen that they might not hurt them; as 
Averruncus and Robigus. There was both a good Jupiter and 
a bad ; the former was called dijovis,^* or IMespiter, and the 

lSOTT.Vlfi.Aa.Tli. ■ngitoiMBanim.VeC. Pnb, S14, 4ee. 896. vorlbniMM, 

84. ScbitU Hor. Od. iv. 14. 5 Sau. Kp. 41. Plin. Ep. Jar. fii. OMS. 

8 ■napka. 19u ue Unrif'vm'u ToU vili. 8. Fraa. i. 19. 9 nanlooi. 

S Virc. Mm, tSL SL Titnr AuMm, — bo 6 Tac Abb. sit. 82. 10 V.\k. Nat D. IL 83. 

77. bttU-fcriBMl AuOdas 7 Od. iii. la. £p i. 18. iii. 85. Lagg. ii. 1). 

4 «a0d flaaiu aut nib, Virg. fl. It. 871. lOL Piin. iL !». a. 96. Jav. i. 113. Loe. rui. 

Mia at Unri. Feat. Ot. Mat. is. |>r. ^]>*. Kp. tuL 80. (Ol. 

praptar iapa^aa tt iL 33. Claad. 6*b«. 8 portitor,Virf.An.TL II ajarwda. 

u 3 


latter, vBJoviB, or vbdius. But Orid makes VejovU the «une 
vriih Jupiter parvm^ or non magnus} 



The ministers of religion, among the Romans, did not form a 
distinct order from the other citizens.' They were nsaally 
t^iQsen from the most honourable men in the states Some of 
them were common to all the gods;^ others appropriated to a 
particular deity.* Of the former kind were, 

I« The poiiTiFicEs/ who were first instituted by Numa. and 
chosen from among the patricians, were four in number till the 
year of the city 454, when four more were created from the 
plebeians. Some think that originally there was only one 
pontifez ; as no more are mentioned in Livy, i. 20 ; ii. 2. Sylla 
increased their number to fifteen; they were divided into 
MAJORBs and iimo&Bs. 8ome suppose the seven added by Sylla 
and their successors to have been called minores ; and the eight 
old ones, and such as were chosen in their room, majorbs. 
Others think the majores were patricians, and the minores ple- 
beians. Whatever be in this, the cause of the distinction cer- 
tainly existed before the time of Sylla. The whole number of 
thepontifices was called collboium.*^ 

The pontifioes judged in all causes relating to sacred things ; 
and, in cases where there was no written law, they prescribed 
what regulations they thought proper. Such as neglected their 
mandates, they could fine according to the magnitude of the 
offence. Dionysius says, that they were not subject to the 

Sower of any one, nor bound to give an account of their oon- 
uct even to the senate, or people. But this must be understood 
with some limitations; for we learn from Cicero, that the 
tribunes of the commons might oblige them, even against their 
H'ill, to perform certain parts of their office, and an i^peal 
might be made from their decree, as from all others, to the 
people. It is certain, however, that their authority was very 
great. It particularly belonged to them to see that the inferior 
priests did their duty. From the different parts of their office, 
the Greeks called them U^i^eurxeiiiUf U^vofMHi i§fo(pu>Mxt(f 
h^^awrtttf aacrorum doctores, adminutralores^ autodety el 

From the time of Numa, the vacant places in the number of 
pontifices were supplied by the college, till the year 650 ; when 

1 FuC t(L 44S, ttc. dieti. piimam 9t rettHutai S7. Bp. M. Dionr. it. 

0«U. V. 18. 9 E pone Oetni, qnia Mspe. mm ld«<t Mcra 79. Oie. Har. iC & 

S BM p. 80. UUf lu Ttt ucrs fa* «t nil «t eta Ttberun D»ai. IS. 

j( oamian daonm ■•- daodi: vcl potiai • llaat Vvr. L. L. fr. 7 Dionr. H 78. C^ 

cerdMct. panto teelndo, lun ab 15. D onf-il.7l.iil.4S. Oom. 1. 45. 51. Har. 

4 oal alieol avnlai a4' lia avUtoiva aat raetu 6 Uv. iv. 4. x. «. xxii. R. lOi Aac. Mtt 11. 


J, a tribune, transferred that right to the peoplet Sylb 

abrogated this law ; bat it was restoretf by Labienua, a tribune, 
through the influence of Julius Csesar. Antony again transferred 
the ri^ht of election from the people to the priests ;^ thus Lepidus 
was chosen pontifex maxinius irregularly.^ Pansa once more 
r e s t ored the right of election to the peopleu After the battle of 
Actiain, permission was granted to Augustus to add to all the 
fraternities of priests as many aboTo Uie usual number as he 
thought proper; which power the succeeding emperors exer- 
ciaedy so that the number of priests was tbenoeforth very un- 

The chief of the pontifioes was called pontifkz matihvs ; * 
whidi name is first mentioned by Livy, iii. 54 He was created 
by the people, while the other pontifices were chosen by the col- 
lege, commonly from among those who had borne the first 
offices in the state, llie first plebeian pontifex maximos was T. 

This was an ofiice of great dicnity and power. The pontifex 
mazimna was supreme judge and arbiter in all religious matters. 
He took care that sacred rites were properly performed ; and, for 
that purpose, aU the other priests were suoject to him. He 
could hinder any of them from leaving the city; although in- 
Tested with consular authority, and fine such as transgressed his 
orders, even although they were magistrates.' 

How much the ancient Romans respected religion and its 
ministers we may judge from this ; that they imposed a fine on 
Tremellius, a tribune of the commons, for having, in a dispute, 
used injurious language to Lepidus the pontifex niaximus.^ But 
the pontifices appear, at least in the time of Cicero, to have 
been, in some respects, subject to the tribunes.^ 

It was particularly incumbent on the pontifex maxlmus to 
take care of the sacred rites of Vesta. If any of the priestesses 
neglected their duty, he reprimanded or punished them, some- 
times by a sentence of the college, capitally.^ 

The presence of the pontifex maximus was requisite in public 
and solemn religious acts ; as when magistrates vowed games or 
the like, made a prayer, or dedicated a temple, also when a 
general devoted himself for his amy,^^ to repeat over before 
tbem the form of words proper to he used," which Seneca calls 
poMTiFicALK CABMEN. It wss of importance that he pronounced 

1 Uio. kUt. in. nxTti. 8 Cic B> Brat. 5. Dto. 6 Lir. 1. 20. U. S. Ix-M. Llr. «▼. 44. riU. W. 

*7. IMoay. IL 73. Saet. IL 80. Itii. 17. B^ xU. I. «uv». A. sxikf?. utUL 11.0^ 

If«r. JL Am. Cie CatB, 4 qaod mnfiniM rcraiD, xi. C 4«. Cto. PbiL xi. H«r. rmp. 7. IJtgp ii. 

S. R^. iL 7. V«U. iu qua ad txen, at nli* 8. Tac. Aan. t'li. id. »1. • 

If* BiiDM pertifl«at, ia* 7 •■crnrumqae qMm 10 Liv. iv.27. rli .9>ix. 

I ib. tarto c w * tM ,V«l. dex ait. Fat Jaon oiagiatrataam |iu po. 40. x. 7. 88. xxxL 0. 
S. 01. ia ovafoiaieae atqa* axUtar rania tantiiia ioit, Lit. ip, xxxtI. t. 

tniBiUtii, diriBaran atqu ha- xlvil. 11 iia rarba pneira, v. 

itiScatMi nasiBMni aiaiiaraiD, Id. ui Ofdo 8 CUr. Dam. 49. eamrn pnalari, Hh v. 

■reanit, L!r. Ep. ucerdntain. Ot. W. (fi. 417. Gall. 41. 

117. » Lir.xiT.».Kr.xTUi. t. IS. San. Can. U t. 


the words without heiitation. He attended at the Comitia. 
especially when priests were created that he might inaurarate 
them, likewise when adoptions or testaments were made? At 
these the other pontifioes also attended: hence the GomiUa 
were said to be held, or what was decreed in them to be done, 
apud pontificet vel pro coUtgio pontificum, in presence of; 
•olennia pro pontifice tuKipere^ to perform the due sacred rites 
in the presence, or according to the direction, of the pontifez 
maximus. Any thing done in this manner was also said pontic 
fido hire fieri. And when the pontifex maximus pronounced 
any oecree of the college in their presence, he was said pro col- 
LBsio bbspomobrbl' The decision of the college was sometimea 
contrary to his own opinion. He, howeyer, was bound to obey 
iu What only three pontifices determined was held ralid. 
But^ in certain cases, as in dedicating a temple, the approbation 
of the senate, or of a majority of the tribunes of the commooa, 
was requisite." The people, whose power was supreme in every 
thing,* might confer the dedication of a tempie on whatever 
person they pleased, and force the pontifex maximus to officiate^ 
even against his will ; as they did in the case of Flavins. In 
some cases the fiamineM and rex eacrorum seemed to have 
judged together with the pontifices, and even to have been 
reckoned of the same college.' It was particularly the province 
of the pontifices to judge concerning manriages.' 

The poutifex maximus and his cdlege had the care of regu* 
lating the year, and the public calendar, called fasti kalbndaus, 
because the days of each month, from kalends to kalends, or 
from beginning to end, were mariied in them through the whole 

{rear, what days were fcuti, and what nefiuti, &&, the know- 
edge of which was confined to the pontifices and patridans,' till 
C. Flavius divulged them.^ In the foHi of each year were also 
marked the names of the magistrates, particularly of the consuls. 
Thus, enumertUio faetorum, quasi amnontm; fasti memoree, per- 
manent records ; picH^ variegated with different coloun ; sigh 
nantes tempora? Hence a list of the consuls, engraved on 
marble, in the time of Gonstantius, the son of Gonstantine, as it 
is thought, and found accidentally by some persons digging in 
the forum, A.D. 1545, are called fasti consularbs, or the 
CapitoUan marbles , because beautified, and placed in the Capi- 
tol, by cardinal Alexander Famese. 

In latter times it became customary to add, on particolar 

I €««■. Mara. IS. Val. a Uv. Is. 4iL nxL 9. 7 Llv. ir. t. Vwt. Sact wUlataUHa^ Ur. is. 

Max. rUi. 18. «. LIT. nap. Har. 8. JiiL40. Au.SUMaer. 46.taaa.lM. 

uvib 8. si. 4S. Tae. 4 ci^aa aat aanaa pa* SaU i. 14. 9 Ut. Is. IS. VaL Mas. 

Hi«t. 1. 1». OaU. T. 1^ taaUa oaMbui nimm, 8 faatoa eirea fonua la ▼!. S. (^ Jaat. 14. Au 

ST. 87. Cla. Ooai. IS. Cie. U>. alba proaoaaU, - ha W. 8. Pm. 13 Paaw t. 

y^Kf*'^' 8Clc.DaiB.49.nLUr. haa« ap tapabHa It. Tasc. 1. tt. Har. 

*,r^ '^*'- '^ ^ ^*** * ^■fl- A""* <• ><>• D>«' ▼!•«, araaad tlia fo- Od. K(. 17. 4. It. li, 4. 

^*f' sltru.44. r■i^ Ua aai«idar aa Ot. F. i. 11. 6t7. 

iiiNttmj or EBLieioi*. 837 

days, aAer the name of the festival, soine remarkable oocor* 
renoe. Thus, on the iMpercaiia, it was marked ^ that Antony 
had offered the orown to Caesar. To have one's name thus 
marked * was reckoned the highest honour (whenoe, probably, 
the origin of canonisation in the church of Rome) ; as it was the 
greatest disgrace to have one's name erased from the fatti.* 

The boolm of Ovid, which describe the causes of the Roman 
festlTal for the whole year, are called pasti.^ The firit sisc or 
them only are extant 

In ancient times, the pontifex maximus used to draw up a 
short account uf the public transactions of erery year in a book,* 
and to expose this register in an open place at his house, where 
the people might come and read it ; * which continued to be 
done to the time of Mncius Scaevola, who was slain in the mas- 
sacre of Marius and Cinna. These records were called, in the 
time of Cicero, annalks maximi^ as haring been composed by 
the pontifex maximus. 

The annals composed by the pontifex before Rome was 
taken by the Gauls, called also commkntarii, perished most of 
them with the city. After the time of 8y]]a, the pontifices seem 
to hare dropped the custom of compiling annals ; but sereral 
prirate persons composed historical accounts of the Roman 
affairs ; which from tneir resemblance to the pontifical records 
in the simplicity of their narration, they likewise styled aivnals ; 
as CatOy Pictor, Piso, Hortensius, and Tacitus." 

The memoirs' which a person wrote concerning his own 
actions were properly called coMMxirTARii, as Julius Cssar 
modestly calledTthe books he wrote concerning his wars ; '^^ and 
GelHus caUs Xenophon's book concerning the words and actions 
of Socrates " Memorabilia SocratU, But this name was applied 
to any thing which a person wrote or ordered to be written as a 
memorandum for himself or others,'^ as the heads of a discourse 
which one was to deliver, notes taken from the disoourse or 
book of another, or any book whatever in which short notes or 
memorandums were written : thus, eommentarii regis Nunue, 
Servii TuUii^ Rumer^, regum^ Ckesaris, Trajani. Hence a com- 
mentariig^ a clerk or secretary. Ccelius, in writing to Cicero, 
calls the acta publico, or public registers of the city, commbkta- 


In certain cases the pontifex maximus and his college had the 

1 ad«eriptiui tsl, Cie. da ooniollbiu «t re«i- IL 40l B6. ri. I. x.Bl37, o. m nut, iraiei lo 

nU« U. 84. Im •diti cut, Uid. rL fce. Dioof . ir. 7. 16. b«lp the memorjr. 

I •dccriptam. 8. G«LL L 19. Veil. it. 16. 13 Gc. BriiL 44. lUb. 

3 Ck.Sp.Brat.U.PI». i in allRiai •ffmbvt, 9 4««^nf^r«. nrd. 0. Att. zIt. 14. 
18. Sat. 14. Varr. (i. t»1 potiM raftratet. lA Cic. Brat. 75. Pan. FuB.rlii.ll.PltB.BB. 
58. 1v. lia. T«e. Ann. 6 proeoaebat Ubalna t. 18. SyL 16. Ver. v. s 106. Orater, & 89 
L 1». ill. IT.Or.F. 1.9. doaiC polaatM at aaMt 81. Sa«>t. Aag. 74. Tib. Qoin. li II. 7. IH. 8. 

4 Ot. r. L 7. Faatama popala oocaaaccsdi. 61. Cbs. 56. 67 ir. 1. OOl a. 7. 3U 
Ihri appaUaatar, In 7 Ols. Or. il. U lw,tr3^rtw^Tm,xir LW. i. 81, fet. 60. <C 
aalbat totiaa aaai St B- 8. 11. & 

deMripdo, Fm. quia 8 dc ib. lAr. L 44. 5S. 18 qvm aomaNnitnlMa 


power of life and death ; but their sentence might be rerened 
by the people.^ 

The ^ontifex maximus, although possessed of so gieai power, 
is called by Cicero priyatdb, as not beingf a magistrate.* But 
some think that the title pontifex maximiis is here applied to 
Scipix) by anticipation, he not havinff then obtained tnat office, 
according to Paterculus, contrary to ue account of Appian, and 
Cicero himself ebewhere calls him simply a private peraon. 
Liry expressly opposes pontifioes to privaius.^ 

The pontifioes wore a robe bordered with purple,^ and a 
woollen cap,* in the form of a cone, with a small rod ^ wrapt 
round with wool, and a tuft or tassel on the top of it^ called 
APKZ, often put for the whole cap ; thus^ iratos tremere regwm 
apices, to raar the tiara nodding on the head of an enraged 
Persian monarch; or for a woollen bandage tied round the 
head, which the priests used instead of a cap for the sake of 
CO olness.' Sulpicius Galba was deprived of his office on account 
of his cap having fallen' from his head in the Ume of a 
sacrifice. Hence apex is put for the top of any thing; a^ 
moniiM apex, the summit of the mountain ; or for the lughest 
honour or ornament ; as, apex eenectutis est OMctoritas, authority 
is the crown of old age." 

In ancient times the pontifex maximus was not permitted to 
leave Italy. The first pontifex maximus freed from that re- 
striction was P. licinius Crassus, A. U. 618: so afterwards 

The office of pontifex maximus was for life, on which account 
Augustus never assumed that dignity while Lepidus was alive, 
whidi Tiberius and Seneca impute to his clemency ; but with 
what justice, we may learn from the manner in which Augustus 
behaved to Lepidus in other respects. For, aftor depriving him 
of his share in the Triumvirate, A. 17. 718, and confining him 
for a long time to Ciroeji under custody, he forced him to come 
to Rome, against his will, A. U. 736, and treated him with great 
indignity.^^ After the death of Lepidus, A. U. 741, Augustas 
assumed the office of pontifex maximus, which was ever after 
held by his successors, land the title even by Christian emperon 
till the time of Gratian, or rather of Theodosius ; for on one of 
the coins of Gratian this title is annexed. When there were 
two or more emperors, Dio informs us that one of them only 
was pontifex maximus ; but this rule was soon aftor violated.^ 

1 Aw. Gc. MIL 12. znUi.88.IuiiibAhj(. Ck. Lmc* ^ 1- Ur. S. 

H«r. mn. 7. Lefg; K. Ser. 40. vi. 41. H«r. 04. Ui. U. 10 Dfa xlh. IS. St. 1». 

Q. 4 galervs, pilMt tcI 19. M. 30. Uix. 1». SmC 

S dc Cat. i. S. Off. i. tatulat. Fast. h. Vw. 7 apex nroluMU. 16^ Aw. 31. itei. Gkk, 

n PaUK. it 8. Add. ti. & 8 Vd. Mu. L 1. 4b SU. i. lA. 

BelL CIt. I. p. SA, ftrirgnla. s».7». Cic Sm.17. II {b.S7.Or.F.i0.1li. 

l4r.T.S8. 6 S«rr. Vfa-c. Kn. lu 9 Ur.urUi.a6.44.Kp. Zof. W. SS. Dm* US. 

• toga prwtttU, Ut. 663. vtii. 6«4. s. VO. ». Oio. frag* SL SttM. 17. Cap. Bidk. 8. 


The hiarafchy of the church of Rome it UuMwht to hare beeu 
established partly on the model of the pontifex mazimus and 
the o^ege of pontifices. 

The pontifioes mazimi always resided in a public house/ 
calM aaeu.' Thus, when Augustus became pontifex maximus, 
he made public a part of his house, and gave the buoia (which 
Dio calls the house of the rex 9acrarum) to the restal nrgins, to 
whose residenoe it was contiguous ; whence some suppose it the 
same with the regia Hfuma, ttie palace of Numa, to which Horace 
is supposed to allude under the name of monumenta regis, Od. 
L2, 15, and Augustus, Suet 76; said afterwards to sustain the 
airwm of Vesta, .called ATaiini bboium. Others suppose it dif- 
forent. It appears to haTe been the same with that regia men- 
tioned by Festus in bquus octobbr, in which was the sanctuary 
of Mars ; for we learn from Dio that the arms of Mars, i. e. the 
aneiiia, were kept at the house of Giesar, as being pontifex 
maximus.' Macrobius says that a ram used to be sacrificed in it 
to Jupiter every TutndifUB or market-day, by the wife of the 

A pontifex maximus was thought to be polluted by touching, 
and even by seeing, a dead body; as was an augur. So the 
high priest among the Jews. Even the statue of Augustus was 
removed from its place, that it might not be violated by the 
sight of slaughter. But Dio seems to think that the pontifex 
maximus was violated only by touching a dead body.' 

IL Avauaas, anciently called adspicbs,' whose office it was to 
foretol future events, chiefly from the flight, chirping, or feeding 
of birds,' and also from other appearances ; a body of priests^ 
of the greatest authority in the Koman state, because nothing 
of importance was done respecting the public, either at home or 
abroad, in peace or in war, without consulting them,^ and 
anciently in affairs of great consequence they were equally 
scn^ulons in private.^" 

AueuB is often put for any one who foretold futurity. So, 
amgur ApoHo, i. e. qui augurio prmest^ the god of augury. ^^ 
AusPBC denoted a person who observed and intorpreted omens,'' 
particularly the priest who officiated at marriages. In later 
times, when the custom of conaulting the auspices was in a great 
measure dropped, those employed to witness the signing of the 
marriage-contract, and to see that every thing was rightly per- 

1 kiUtorlt, flt. Caur, S Ov. P. tL 188. Triit. 7 «x aTion g«tta nl Vcr. r. 6. r»\ cmpio, 

!■ Mca via, doao ItL I.8O.DI0. zlir. 17. nrrita «t tpwtiooa, Siwt. Aa^. S5. 

■aUIra, 9«M. Cm. 40. Hr. ST. Ur. uvi. «. PmU Cie. Fun. tI. «. 1« Cic Div. i. 16. 

SPBb. Ip. IT. 1]. 6. 9M. It. 6. PloU fl. Hor. Od. IiL 27, &«. 11 Cie. DIt. ii. 8, 4. 

•■cr»ai«9« Bom.M. 8 ampliuiai HOBrdotU Pam. t'i. 0. Har. 04. 

•ami Mfils 4 fludnka. Sat. L 16. onUMiam, Cie. Fam. i. t. 3L Virg. JBm, hr. 

9ml Tai 5 8«ii. eons. Mate. 18. ili. 10. 876. 

la «• PCS moUp Tac Aoa. i. SS. Larit. 8 nlai aupieaUi, tAr. I. IS attapicia Tal amiaa, 

kaUtira enaa- arf. II. Die. Kr.88. 85. 86. vl. 4l. tlaa aaavi- Hor. Od. Hi. t7. 8. 

aMaC, iarr. Virc. Mm, M. 3L Is. 18. eiia, Cie. Dit. t. % nlai 

Tia. » • Plat Q. Rma. 7S. aagario aeU, 17. Ii. 8& 

240 ROMAiv ANTigemst. 

formed, were called aubpicba KUFrxARim, otberwise proaeautdP^ 
conciiiatoreSf v-x^ctpvfi^tot, pronubL Hence auspex is put for a 
favourer or director ; ihuB, axtspex kgiSj one who patronised a 
law; auspices coBptorum operum, faTOurers; diis anspicibua^ 
under the direction or conduct of; so auspice musOy the muse- 
\\ spiring; ; Teucro, Teucer beings your leader.^ 

AuouaiUM and auspicium are commonly used promiscnoualy ; 
but they are sometimes distin^ished. Autpieium was properly 
the foretellinf^ of future events from the inspection of birds ; 
augwriumy from any omen or prodigies whatever ; but each of 
these words is often put for the omen itsel£ Auovriuh salutis, 
when the augurs were consulted whether it was lawful to sA 
safety from the gods.' The omens were also called osienta, 
portenta, momtra, prodigia.^ The auspices taken before passing 
a river were called pkrshmia,* from the beaks of birds, as it ia 
thouffht, or from the points of weapons^* a kind of auspices 
peculiar to war, both of whidi had fallen into disuse in the time 
of Cicero. 

The Romans derived their knowledge of augury chiefly froni 
the Tuscans : and anciently their youdi used to be instructed as 
carefully in this art as afterwaras they were in the Greek 
literature. For this purpose, by a decree of the senate, six of 
the sons of the leading men at Rome were sent to each of the 
twelve states of Etruna to be taught. Valerius Maximus says 
ten.'' It should probably be, in both authors, one to each. 

Before the city of Rome was founded, Romulus and Remus 
are said to have agreed to determine by augury ' who should 
give name to the new city, and who should govern it when 
built. Romulus chose the Falatine hill, and Remus the Avon* 
tine, as places to make their observations.* Six vultures first 
appearea as an omen or augury^ to Remus: and afler this 
omen was announced or formally declared,^" twelve vultures 
appeared to Romulus. Whereupon each was saluted king by 
his own party. The partisans of Remus claimed the crown to 
him from his having seen the omen first ; those of Romulus, 
from the number of oirds. Through the keenness of the con- 
test they came to blows, and in the scuffle l^emus felL llie 
common report is, that Remus was slain by Romulus for having, 
in derision, lept over his walls.^ 

After Romulus, it became customary that no one should enter 
upon an office without consulting the auspices. But Dionysius 

I Od. 1. 7. ST. Bp. i.S. I Dte. xxxviL M. li.n. 4S. • auwfaa. 

I?. Uj. iliL K. Jttv. Suet. Aog. 81. Tae. 4 Prat. Cto. NaLD li. 10 BiuieiatD raawK 

s. 9M. Cic Cla. S. Ann. x\l & Cie. Div. 8. DIr. IL 88. or, m Oeero •Sla k! 

Nat D. L 15. IL S. i. 47. Nat O. fi. 8. 8 n aeunbibaa, ik deeaaUto, Dir. I. 47. 

Ugg. 0. IS. DW. I. Noo. V. 80. Vin Sn, « i. 1. LIr. ixTw. CIc ara p. 74. 

l^ -^!.V *L'* ^>'(- i*an>«in.4W. Lagg.ii.9 Oir.L41. ULlT.i.?. 

Mm Ih. SO. It. 4& 8 qftfa oatandaat, pof 7 ai^pvUs ton*. 

Plaat. Caa. jpral. 80. leaduit, meoatraal, 8 tav^ ad baacarao* 

SaaC.CUad.«. pnadieunt, Cie. Dir. 1. doB. 

MIIfflfiTBRS OP RKLKlIOir. 841 

iofoniM OS that, in his timey this cuBtom was obaerred merely 
for Ibrm^s sake. In the morning of the day on which those 
elected were to enter on th«ir magistracy, they rose about 
twilight, and repeated certain prayers under the open air, 
attended by an augur, who told thera that lightning had appear^ 
ed on the left, which was esteemed a good omen, althonsfh no 
such thing had happened. This verbal declaration, although 
falae, was reckoned sufficient.^ 

The au^furs are supposed to have been first instituted by 
Romolus, three in number, one to each tribe, as the haruspices, 
■nd confirmed by Numa. A fourth was added, probably by 
Servius Tuliius, when he increased the number of tribes, and 
divided the city into four tribes. The augfurs ivere at first all 
patricians; till A. U. 454, when Rje plebeians were added. 
Sylla increased their nnmber to fifteen. They were at first 
sfaosen, as the other priests, by the Comitia Guriata, and after- 
wards underwent the same changes as the pontifices.* The chief 
of the angmrs was called m agister colleoii. The augurs en- 
joyed this singular privilege, that, of %vhatever crime they were 
gniUy, they could not be deprived of their office ; because, as 
Flutareh says, they vr^re intrusted with the secrets of the 
empire. Tne laws of friendship were anciently observed with 
great care among the augurs, and no one was admitted into 
their nnmber who was known to be inimical to any of the 
college. In delivering their opinions about any thing in the 
coD^e, the precedency was always given to age.^ 

As the pontifices prescribed solemn forms and ceremonies, 
ao the augurs explained all omens.^ They derived tokens * of 
futurity chiefly from Bre sources: from appearances in the 
heavens, as thunder or lightning ; from the singing or flight of 
birds ; * from the eating of chickens ; from qua£iipeds ; and 
from uncommon accidents, called dira v. -a. The birds which 
gave omens by sinnng,^ were the raven, ** the crow,' the owl,^^ 
the cock ;" by flignt,^ were the eagle, vulture, &c. ; by feeding, 
chickens,^ much attended to in war; ^* and contempt of theii 
intimations was supposed to occasion signal misfortunes ; as in 
the case of P. Claudius in the first Punic war, who, when the 
person who had the charge of the chickens'' told him that they 
would not eat, which was esteemed a bad omen, ordered them 
to be thrown into the sea, saying. Then let them drink. Aiier 
which, engagfing the enemy, he was defeated with the loss of his 
fleot.'* Concerning ominous birds, &c. see Stat. Theb. iii 502, &c 

1 DkiiV.lLe.nL as. 4 Cieu Har. 0. he Feit. Plln. z. SO. M Plia. s. 82. «. U 

S Lir. I.U.uLa7. X.8. • gUiu. 1.22. ». ■.4S. Uv.*.4a, 

8. t^ bojAM. Diosf * SUL Th«k i'IL4SL IS alttos nl praptn, 15 plUriai. 

fi. SL Sii ir. S«. M & 7 okIom. fl«U. tL 6. Swr.Vtrg. 16 Cie. Nat D. iL 8 

saw 8 Mrvm. Aa. HL 861. Cie. Dir. Diw. L 16. Lit. Ep. 1& 

3 Cie. Saik. IB tun. liL 9 gorais. L 47. If at. D, i\. 64. V*L Max. L 4. 8. 

IP. Plia. B^ It. 8.Plat. 10 aoetua r»l hake. 13 palli, Cie. Oiv. iL 34. 

g. lUa.97. 11 fallua (alUuweaa, •Mp.74. 



The badgiM of the augfurs^ were, ]. A kind of robe, called 
TRABBA, striped with purple,' aooordin^ to Servius, made of 
purple and scarlet." So Dionysius, speakinjif of the dress of the 
8alii, describes it as fastened with clasps; * hence dibe^htim^ 
cogitare, to desire to be made an aogur; dibapho vestire, to 
make one. 8. A cap of a conical shape, like that of the ponti- 
ficesL* 3. A crooked staff, which they carried in their ri^ht 
hand, to mark out the quartan of the heavens/ called lituvs.' 

Ail auf^ur made his observations on the heavens' usually in 
the dead of the night/^ or about twilight^^ He took his station 
on an elevated place, called arx or templum, vel TABBRMACiTLim, 
which Plutarch calls czviph,^ where the view was open on all 
sides; and, to make it so. buildings were sometimes palled 
down. Having first offered up sacrifices, and uttored a solemn 
prayer,^' he sat down ^* with his head covered,^^ and, according 
to Livv, i. 18y with his face turned to the east; so that the parts 
towards the south were on the right^^'' and those towards the 
north on the left^^ Then he determined with his lUuu» the 
regions of the heavens from east to west, and marked in his 
mind some objects straightforward,^^ at as great a distance as his 
eyes could reach ; within which boundaries he should make his 
observation." This space was also called templum.'" Dionysius 
and Hyginus give the same description with Livy of the posi- 
tion of the augur, and of the quarters of the heavens. Bat 
Varro makes the augor look towards the south, which he calls 
pars antica ; consequently, the pars sinistra was on the east, 
and dextra on the west: that on the north he calls posHca?^^ 
In whatever position the augur stood, omens on the left among 
the Romans were reckoned lucky ; but sometimes omens on ttie 
left are called unlucky,^ in imitation of the Greeks, among 
whom augurs stood with their faces to the north : and then the 
east, which was the lucky quarter, was on the right.*' Hence 
dexter is often put for felix vel fattstus, lucky or propitious, 

1 orauMnU raganlia, 

Llr. b 1. 
t rirote «•! palmaU, 

k trmbilMu dIeU. 

5 •*. pHrpora at ooaco 
■iitam, ▼ tiv* JSm. rU. 

k L •. parparaa bit 

6 Cic Wtm. U. 10. Att. 

7 ^ao rtgioiiM eoeli 

• bMalu ▼. -«■, ttiM 
■ndo adnaent, Uv. i* 
18. uwvrkmct lerlter 
• •«■■» iDflanoi te- 
cilfauB, qaod ab iju 
littti, oiw ualcar, •(• 
■UitadliM noiBM tiiTc- 

■It, Cic. DiT. 1. 17 

Tirga brerit, ia parte 
qua robaatior aat, ia- 
oaira, OelL ▼. 8. 

9 aarvabat da cobIo, r. 
Doa. K. Phil. ». Si. 
Loe. i. flOl. T. 880. 

10 poat madiaai Bocteai, 
OalL Hi. 8. madia noo* 
ta, Lir. szziv. 14. 
OBB ast aUeadnm, 
Paat. noeta alloBtio, 
Uw, b. 88. Tiii. 83. 
aperto eoclo, Ita at 
apartia «ti Iteaat la- 
oania. Plat. Q. R. 71. 
Id ailentivm dwiMaa in 
aaapiaio qood ooiai 
Titlo eaiat, Cle. Dir. 

11 Diony. i'k i. 

» Mare. p. 800. Lit i. 

18. It. 7. Cic. DIt. IL 

18 eflbia, p!nr. .Sanr. 
Virg. Ma. tI. 197. 
whanea affhri tan* 
pliua, ta caaacerata, 
Cic. Att. xiiU 4*. hlne 
faaa noninala, qaod 

Kntifloaa In aacraade 
i aant Ikneai, Varr. 
L. L. t. 7. 

14 ledaiB eepit in aottda 

15 capita relalo. 

16 partaa dastia. 

17 bcTv. 

18 ainiani contra anl- 
no nniTil. 

19 Ur. i. 18. 

to ■ tawndo ; loeaa an. 
furii atit MiapiciiGaaaa 
qinbutuan OMiceptia 

varbia lutitoa, Var. L. 

L. Ti. a. Dob. Tar. iiU 

SkDiaiU li- y Mff. da 

Si Plant PMBd. 11. 4 

78. Bp. n. 8. 1. Sarr 

Virg. Mu. «. 89EI. h. 

881. Stet. Tbab. lii. 

498. Cle. Lau. IB. 3. 

DiT. li. 38. 0«7l. T. IS. 

Ot. Triat. i. & 49. It. 


Bel. i. 18.1a. 18. Sim*. 


83 aialatnaK qaod b*' 

■wa ait, aaatri naal. 

navaraat, axiani, ac. 

Oraei. daatrua. Cm. 

Dir. 0. aSw 

MIlCltTBM OK RBUaiOH. £#3 

and iimHer for injklix^ infauttut, y^lfia^ettui, unlucky or uii« 
fiivowabloi Thunder on the left was a good omen for OTery 
thiiw else but holding the Comitia.^ The croaking of a ra? en ' 
oa the righty and of a crow ' on the left, was reckoned fortunate, 
and vice versa. In short, the whole art of augury among the 
Romans was in^olred in uncertainty.* It seems to have been at 
first contrived, and afterwards cultivated, chiefly to increase the 
influence of the leading men over the multitude. 

The Romans took omens * also firom quadrupeds crossinff the 
way, or appearing in an unaccustomed place ; ° from sneecing/ 
•pilling salt on the table, and other accidents of that kind, 
which were called dira, sc ii^na, or oira. These the aucun 
explained, and taught how they should be expiated. \^en 
they did so, they were said commentari,^ If the omen was 
sochI, the phrase was, impbtritum, nrAuoimATUH bst, and hence 
It was called augtaium w^ffetrativtan vel optatunu Many curi- 
ous instances of Roman superstition, with respect to omens and 
other things, are enumerated by Pliny, as among the Greeks by 
Pausanias.^ Caesar, in landing at Admmetum in Africa with 
his army, happened to fall on his fiice, which was reckoned a 
bad omen ; but he, with great presence of mind, turned it to 
the contrary ; for, taking hold of the ground with his right 
handy and kissing it, as if he had fidlen on purpose, he ex- 
claimed, / take poueuUm of thee, O Africa I ^^ 

Future events were also prognosticated by drawing loti ; ^^ 
thus, cracula sortibuM tequaiie dwamtur, that is, being ao adjusted 
that they had aU an equal chance of coming out first.'^ These lots 
were a kind of dice ^ made of wood, gold, or other matter, with 
certain letters, words, or marks inscribed on thenu They were 
thrown commonly into an urn, sometimes filled with water,^* 
and drawn out by the hand of a boy, or of the person who con- 
sulted the oracle. '^I'he priests of the temple ex^plained the 
import of them. The lots were sometimes thrown like common 
dice, and the throws esteemed favourable or not, as in playing. 
SoRTRS denotes not only the lots themselves, and the answer 
returned from the explanation of them, thus, sortes ipsae et 
cetera, qua erant ad sortem, i. e. ad responsom reddendum, 
varata, disturbavit eimia}^ but also any verbal responses what- 
ever of an oracle : ^ thus, oraculum is put both for the temple, 
and the answer given in it" Tacitus calls by the name of gortee 

I VIrg. K.n. hr. 579. ult. nil. 1. 11 MrtSnu dnmidis, 16 Mrtei qna rtUetaa- 

Tfii. 302. i 444. Plio. 7 •*. tMrnatatioM. Cic. Hir. ii.SS. i. 18L tioM fiudnnUu-, 4«« 

Sp. i. 8i vii. SB. Tae. 8 Cio. Am. &Div. LM. 18 PUut. Cu. li. fi. IS. oncU Tcrwi dieteu, 

HW. t. i. Cic. Dir. U. ii. 40. Dio. xL 18. Or. H Uli t. tesMra. de. Dir. it. BlL M. 

IS. 8ft. Am. L IS. 14 PJaaU Cm. il. 6. 88. dicta no- einniiw mt. 

S cwHfc B Pane. ir. 18. Plin. 88, 88. 46. Suat Tib. Ir», hor. Art. P. 408. 

8 c«nk. sxvilL 8. PImi. As. U. Pmib. Mm. ir. 4. Bli*. Lhr. i. M. r. lA. Vir|{. 

4 Cb. Dir. L 7. 89. II. S«rr. Virg. iK a. r. r. 85. Cic. Dir. ii. 41. An. ir. 846. ri 7« 

• oaiM eapiflbnU IBO. 15 Cio. Dlv. L 84. Ur. Or. Bkt. L 868. 881. 

6 Jar. am. OL Hor. 10 tMiroU, Arriea,I>w. rilL SL Sa«t. Tib. 14. 17 Cic. Foat 10. Dir. 

Od. iii. «. Lir. aai. sJti. Sa. Saai Jul. 98. Proii. ir. 9. 19. i 1. 84.51. Kp. Biat. 8i 



the manner in which the Germans used to form conjectarei 
about futurity. They cut the branch of a tree into soiaU parts 
or elips,^ and, distinguishing these slips by certain marks, scat- 
tered them at random ' on a white cloth. Then a priest, if the 
presage was made for the public,' if in private, the roaster of a 
family, having prayed to the gods, and looking to heaven, took 
up each of the slips three times, and interpreted it according to 
the mark impressed on it Of prophetic lots, those of Frsneste 
were the most famous.* Uvy mentions among unlucky omens 
the lots of Casre to have been diminished in their bulk,* and of 
Falerii. Omens of futurity were also taken irom names.* 
Those who foretold futurity by lots or in any manner whatever, 
were called sobtilbgi, which name Isidorus applies to those 
who, upon opening any book at random, formed conjectures 
from the meaning of the first line or passage which happened to 
cast up : ^ hence, in later writers, we read of the sobtes viboi- 
LIANA, Homeric€B, &c. Sometimes select verses were written 
on slips of paper,^ and, being thrown into an urn, were drawn 
out like common lots ; whence of these it was said, sots exddit. 
Those who foretold future events by observing the stars, were 
called ASTBOLOoi, mahudhatioi. ouirthliaci,' trom genesis, vel 
genitura, the nativity or natal hour of any one, or the star 
which happened to be then rising,^ and which was supposed to 
determine his future fortune : called also lioroscopm ; " thus^ 
geminos^ horoscope^ varo (for vario) producis genio ; O natal 
hour, although one and the same, thou producest twins of dif- 
ferent dispositions. Hence a person was said habere imperato-' 
riam genesim, to whom an astrologer had foretold at his birth 
that he would be emperor. Those astrologers were also called 
CHALD£i or BABTLONii, bocBuse they came originally from Chal* 
dea or Babylonia, or Mesopotamia, i. e. the country between 
the conflux of the Euphrates and Tigris: hence Chaldaicis 
rationibus eruditus, skilled in astrology ; Babyhnica doctrma^ 
astrology ; nee Babylonios tentaris numeros, and do not try 
nstrologictal calculations, i. e. do not consult an astrologer,^' who 
used to have a book,^^ in which the rising and setting, die con- 
junction, and other appearances of the stars were calculated. 
Some persons were so superstitious, that in the most trivial 
affairs of life they had recourse to such books,'* which Juvenal 
ridicules, vi. 576. An Asiatic astrologer," skilled in astronomy,^ 

liRtnrealM. 6 Pk«U P«n. It. 4. ?*. fi61.xlr.948»0«H.sir. Dir. iL 47. 

S tMMra M rortoito. Ikceb. ii. a. 50. L 786. Diod. li. Si. 

3 •! jmbWa* CMMilar^ 7 riii. 9. Lac. is. 561. 10 tslu UUlil'mm, Gc. 13 aplwaari*, t. plw 

tw. 6 in pittMiM. Div. ii. 4S. Jur. siv. .iaas. 

• Tac. Mor. O 10. Ob. 9 Spart. Adr. 2. Lamp. IMS. Stut Tit. II. 14 PiLi. nis. 1. 

Div. Ii. 41. SneuTh. Alex. Svt. 14. Ck. II «b hera inspfaModa. 1ft Pbryx Aiuttr m I*. 

tut, Doin. 15. 8ut. Sjl Div. i. 38. 30. K. 4S. M Her. Od.L 11. Ten, dus. 

I.8- M. Vtrr. ii.5<.Saot.Aaa. v^. 18 Sunt. V«ap. 14. 16 aatrariun mmuiiqe^ 

5 OTtenoaUa, zxi, 61 94. Tib. CaJ. 57. Tac. Dum. 10. Su«k ari. ,^«rit4a. 

axu.1. HUt. i. a. iw. Ti. 7J9. Piio. ri. ltd. Cie. 


WW coofiiltod by the rich ; the poor Applied to common fortune* 
tellers^^ who usoally eat in the Circm Maxirans, which is there- 
fore called by Horace /oZ^rur.' 

Those who foretold future events by interpreting dreams 
were called conjectans; by apparent inspiration, karioU vel 
eUvimi, votes vel vaticinaioreSf &c 

Persons disordered in their mind ' were supposed to posseis 
the faculty of presaging future events. These were ouled by 
various other names ; gkrriti or Ceriti, because Ceres was sup- 
posed sometimes to deprive her worshippers of their reason ; * 
also LABVATi/ and ltmpbatigi or h/mphati^^ because the nymphs 
mado those who saw them mad.^ Isidore makes lymphatictu 
the same with one seized with the hydrophobia.^ Pavor lym- 
phatictUj a panic fear ; mimmt awH lympfuUiciy burning in the 
pocket, as eager to get oat, or to be spent; mens lymphaia 
maroftko, intoxicated. As hellebore was used in curing those 
who were mad, hence elUborotut, for instmus. Those transport- 
ed with religious enthusiasm were called fanatici,* from fanvm, 
a firi^ because it was consecrated by a set form of words ; ^^ or 
irom FAunus.^^ From the influence of the moon on persons 
labouring under certain kinds of insanity, they are called by 
hiter writers lunaticl 

Habuspicbs,^ called also KXTisncas, who examined the victims 
and their entrails after they were sacrificed, and from thence 
derived omens of futurity; also from the flame, smoke, and 
other circumstances attending the sacrifice ; as if the victim 
came to the altar without resistance, stood there quietly, fell by 
one stroke, bled freely, &c. These were favourable signs. The 
contrary are enumerated. They also explained prodigies.'^ 
Their office resembled that of the augurs ; but they were not 
esteemed so honourable: hence, when Julius Caesar admitted 
Huspina, one of them, into the senate, Cicero represents it as an 
indignity to the order. Their art was called haruspicina, vel 
haruspicvm disciplina, derived from Etruria, where it is said to 
have i>een discovered by one Tngus, and whence haruspicet 
were often lent for to Rome. They sometimes came from the 
East ; thus, Armtnius vel Comagenus hartupex,^* an Armenian 

1 aoctilAfi Tcl djrini. twruui tt ncnte moU, 18. PUot. Poea. {. 8. 13 Cie. Cat. W. 8. Dir. 

ISaULfl. 113. Iftha ^wl Iwrb t spec- IMl Rod. ir. S. 67. II. Noa. 1.68. 

wadietMiu «r utral*- tria uMrtiti, FMtns, Hor.Od.L87. 14.Jar. SUL Tbeb. iU. 4M. 

gera provod fUM. tk«7 Plaau Mm. v. 4. 2. iL 118. iv. 123. Cio. Virc. O. HI 486. Lue 

MS pat 10 6 Virf. Jia. vii. 877. Dir. U. 57. Den, 60. L 609. SmU Ah(. 88. 

ABMb: batif irtM, tbcT Lir. riL 17. a njnnphia 10 raiido,^ ast. Var. L, Plm. tU. 8. 

wen richly rawa* dcA, in fnmrma acti, w 9^ - L. v. 7. 14 Jor. ri. MO* CI*. 

aad hicfclf rcapaelfed, Xvvrw, Varr. L. L rl. 11 qui primu feni eon- Fan. ri. 16. Div. L 8 

SoaClTb. ll.Tac. Aa. b. qai aped^n quaa> diter fait, Scft. Virg. 41. ii. 83. CaU UU 6. 

vi. 80. 88. EKe. Ir. 1 1. dan • loala. id eat eS- O. i. 10. Ov. Met. x v. MS. Lae 

• neLaacbefici. esrdW gina afnpha, vida- IS ab haruga, L a. ab L bfH. 037. Canaoria. 
Bci, at pbfcoaiiei. rint. Feat. hoatia. Dob. Tar. Phor. Nat. D 4. liv. r. 18. 

* Nob. I 818. Plant. A. 7 Ov- Bp. !▼. M. tr. 4. 88. Tel potiaa a axvii. 37. Mart ii}. Si. 
iL 2, 144. Uor. Hat. vL 8 qai aqaani (iiaaat, Yietinia, ant ratia vie- i, 
8. 878. l4i»«g«t. ^ litara U timaram ia ara iaapi 

fUr. %, 

8 LarvarMH plaai, i. «. 9 liv. a. ti. Saib Up. ciendia. 



or Goromageoian looUwayer. FemalM also pnokised tJiis ait.^ 
The college of the haruspices was instituted by Romulus. Of 
what number it consisted is uncertain. Their chief was called 
•0NHU8 HARUSPBX.' Coto used to say, he was surprised lliat tlie 
haru9pices did not laugh when they saw one another, their ait 
was so ridiculous ; and yet wonderful instances are recorded of 
the truth of their predictions.' 

II L QuiUDKCBMviB I «acrw yacttctu^M, \^ ho had the diarge of 
the Sibylline books, inspected them, by the appointment of the 
senate, in dangerous junctures, and performed the sacrifices 
which tliey enjoined. It belonged to them in particular to cele- 
brate tlie secular gMmes, and those of Apollo.* They are said 
to have been instituted on the following occasion : — 

A certain woman, called Amalthaea, from a foreign country, 
is said to have come to Tarquinius Superbus, wishing to sell nine 
books of Sibylline or prophetic oracles. But upon Tnrquin's 
refusal to give her the price which she asked, she went away, 
and burned three of them. Returning soon after, she sought 
the same price for the remaining six. Whereupon, being ridi- 
culed by the king as a senseless old woman, she went and 
burned other three ; and coming liack, still demanded the same 
price for the three which remained. Gellius says that the hooka 
were burned in tlie king's presence. Tarquin, surprised at the 
strange conduct of the woman, consulted the augurs what to do. 
They, regretting the loss of the books which had been destroy- 
ed, advised the king to give the price required. The woman, 
therefore, having delivered the books^ and having desired them 
to be carefully kept, disappeared, and was never afterwards 
seen. Pliny says she burned two books, and only preserved 
one. Tarquin committed Uie care of these books, called libri 
•iBTLLiKi, or VERSUS,* to two men ' of illustrious birth ; one of 
whom, called Aiilius, or Tullius,^ he is said to have punished, 
for being unfaithful to his trust, by ordering him to be sewed 
up aUve in a sack,** and thrown into the sea, the punishment 
afterwards inflicted on parricides.^ In the year 387, ten men ^* 
were appointed for this purpose^ ^\^ patricians and five plebei- 
anSy afterwards flfieen, as it is thouglit, by Sylla. Julius Gsesar 
made them sixteen. They were created in the same manner 
as the pontifices. The chief of them was called m aqistbr col- 

These Sibylline books were supposed to contain the fate of 
the Roman empire ; and, therefore, in public danger or cala- 

1 aratpicat. Pint. Mil. H.{.t7.Sact.O«Ib.l9. L 19. Dmmt, iv. 6S. 9 Cie. Rom*. Aa. ?5. 
Olor iii. 1 . 99. C««. 81. IKok slir. L8. LmC 1. 9. P^ xiii. Ill 10 d«cfliBTiri 

2 Cic.Dir.ii.SLDi0B7. 4 Dio.Iir 19. Hor.Cv. 1.87. 11 liv. t1. 37.41. Swr. 
ii.t2. Sas. 72. Tac. Aan. tt. 6 dttsmvlrL Virg. Ah. ri. 73. OiA. 

S Cie. NaL D. ]. 26. U. ri 11. 7 Diony. ib. Val. Max. xHi. 51. xliiL Al. Hr. 

Dir. IL 84. Ut. sxr. » Hor. Cu*. S«o. 5. i. 1. UL 19. IMin. xxvlli. a ir* 

Id SiU. Jag. 63. Tae. Cic. Vfrr. ir. 49. O^IL 8 ta calwioi inani. ih. 1^ Doailla. 

MIHISTBM OF Rntl«ION. • 847 

luity, the keepers of them were frequently ordered by the senate 
to inspect' them. They were kept in a stone «;nest, below 
srouiid, in the temple of Jupiter Capitolinua But the Capitol 
being burned in the Marsic wtar, the Sibylline books were de- 
f^troyed together with it, A. U. 670. Wliereopon ombassadors 
were sent everywhere to collect the oracles of the Sibyls; for 
there were other prophetic women besides the one who came to 
Tarquin; Lactantius, from Varro, mentions ten; A^Jian, four. 
Pliny says there were statues of tlvee Sibyls near the rostra in 
the forum.' The chief was the Sibyl of Game,' whom ^jneas is 
supposed to have consulted; called by Virp^il Deiphobe, from 
her age, langtsva, vivasc,* and the Sibyl of ErythrsB, a city of 
lonia,^ who used to utter her oracles with such ambiguity, that 
whatever happened, she might seem to have predicted it, as the 
priestess of Apollo at Delphi ; ^ tlie verses, however, were so 
contrived, that the first letters of them joined together made 
some sense ; hence called acrostichis, or in the plural acrosti- 
chidesJ Christian writers ofien quote the Sibylline verMs in 
support of Christianity; as Lactantius, i. 6. ii. 11, 12, iv. 6; 
but these appear to have been fabricated. 

From tlie various Sibylline verses thus collected, the Quin- 
deoemviri made out new books ; which Augustus (after having 
burned all other prophetic books,' both Greek and Lntin, 
above 2000), deposited in two gilt cases' under the base of the 
statue uf Apollo, in the temple of that god on the Palatine hill, 
to which Virgil alludes, Mn, vi. 69, &c, having first caused the 
priests to write over with their own hands a new copy of them, 
because the former books were finding ivith age?^ 

The quindeoemviri were exempted from the obligation of 
serving in the army, and from other offices in. the city. Their 
priesthood was for life.^' They were properly the priests of 
Apollo ; and hence each of them had at his bouse a braxen 
tripod/' as being sacred to Apollo, similar to that on which the 
priestess of Delphi sat ; which Servius makes a three-footed 
stool or table," but others, a vase with three feet and a covering, 
properly called cortina,^* which also signifies a large round cal> 
dron, often put for the whole tripod, or for the oracle : hence, 
tripadaa tentire, to understand the oracles of Apollo, When 
tripods are said to have been given in a present, vases or cups 
supported on three feet are understood,^' 'such as are to be seen 
on ancient coins. 

1 aian, lankcra, r. 8 SibylU Owd**. 9 fimtlia aumtic 14 »jt^. 

MMolat, JUt. Hi. 10. 4 So. tI. 88. 98. 891. 10 Sa«t. Aug 81. Dk. 15 Plin. %xx\y. 8. ■. & 
V. IS. ni. 87. si. 12. Ot. MeLzk. 104. lir. 17. uxv. 11. •. 41. Varr. 

aai 82. uB. 9. zxla. 5 ErythrM SibyU*, 11 L. L. ri.S. Vlrt Mm. 

10. snvi. 27. xxxYiiL Cie. Div. i. 18. 19 eurtlu vcl trlpu, Ui. 9S. r. 110. ri. 847. 

4». xli. SI. 6 Id. ii. 84. Puii. W. IS. Sur. Virg. i«n. ill. Ot. Mat sr.«8ft. Hot. 

t nair. 5 a. 10. Tie. 7 mMp9*T*x-U 0»>aY.\r. 8SB. VaL Flac. i. 0. iii. 8L Soal. Ang. M. 

Ana. Ti. Ii. Paaa. «. 02. Sact. Auy. 92. Hor. Od. iv. & 3. 2(»b. 

l8.Lae.i.«..VI.]iu.3». 8 fatidici librf. 13 neaaa, ib. 380. Faoa. 1. 

848. ROMAN ANTiguiTin. 

IV. StptaHviRi epulamim^ who prepared the sacred feaats at 
games, prooessionsy and other solemn occasions. 

It was customary among the Romans to decree feasts to the 
gods, in order to appease their wrath, especially to Jupiter,^ 
during the public games.' These sacred entertainments became 
so numerous, that the pontifioes could no longer attend to them ; 
on which account this order of priests was institoted, to act as 
their assistants. They ^were first created A. U. 557, three in 
number,' and were allowed to wear the toga pratexta, as the 
pontiHces.* Their number was increased to seven, is is thought 
by Sylla.' If any thing had been neglected or wrongly per- 
for med in the public games, the Epulones reported it ° to the 
pontifices; by whose decree the games on tnat account were 
sometimes celebnited anew. The sacred feasts were prepared 
with great magnificence ; hence, cesnm pontificum^ Tel poiUifi- 
ccUes, et auguraleSf for sumptuous entertainments.' 

The pontifioes, augures, septemTiri epulones, and quinde- 
oemviri, were called the four colleges of priests.' When divine 
honooxe were decreed to Augustus, after his death, a fifth col- 
lege was added, composed of his priests ; hence called collbqiu3i 
soDALiuM AuausTALiuM. So FLAvuLiuM coUeghoH^ the priests of 
Titus and Vespasian. But the name of colleoium was applied 
not onl^r to some other fraternities of priests, but to any number 
of men joined in the same office ; as the consuls, pra»tors, qusBS- 
ton, and tribunes, also to any body of merchants or mechanics, 
to those who liyed in the Capitol, eren to an assemblage of the 
meanest citizens or slaves." 

To each of the colleges of pontifices, angures, and quinde- 
cemviri, Julius Caesar mlded one, and to the septomviri, three. 
After the battle of Actium, a power was ffranlea to Augustus of 
adding to these colleges as many extraordinary members as he 
thought proper ; which power was exercised by the succeeding 
emperors, so that the number of those colleges was thenceforth 
very uncertain. They seem, however, to have retained their 
ancient names; thus, Tacitus calls himself quindecemviraii 
Hbctrdotio pradihtff and Pliny mentions a sbptbmvir KPaLONUH.** 

It ^vas anciently ordained by law, that two persons of the 
same family ^^ should not enjoy the same priesthood.^* But 
under the emperors this regulation was disregarded. 

The other fraternities of priests were less considerable, 
although composed of persons of distinguished rank. 

1 cinlQm JoTii, T. •!. rir cmIo. iL 42. Dio. Uii. 1. Me«rdot*t Cifl. pott nd. S«a. It, 

t Ivionm cmm, Liv. 6 OtiL L 18. ting. t«p* manonini cnlle(io* Scxt. 2S> Pit. 4. 

sxr. IL sxviu SS. nil. trairirqu«militlMti«, rum, SmC Aui|. 101. 18. 88. OC. iii. StL 

S8.lln.«a.a».nxi.«. Utcl.Wt, 9 Tm. Aim. tti.64.Dia 10 Rp. U. II. Tm Aaa. 

Axaii. 7. 6 ■ft'arebuit. M, 46. IvUi. 18. Suet. si. 11. DSo. iliLSl.iia. 

I trlaiiiviri apiIoBiw, 7 Cic H«r 10. Uw. tk. Dom.4.ClMui.«4. Lir. IL 80. liii. 17. 

UT.sulU.44.Cie.Or. Hor 04. u. 14. 88. U. 87. r. M. M. i. 82. 11 m r^ •»»«..«%»•.. 

•11.19. MiMrob.S«t 11.9. 81. zikt.. 8. Plin. t. 

4 lb. in Um ainf. UWu* 6 riMM^f tw>»»i. bskIt. 1. Bp. s. 48. IS Di«. uxU. 17. 


1. Fratrks ahbarvales, twelve in number, who offered up 
eacrifices for Ihe fertility of the unround,' which were called 
sacra AmbarvoHa, because the victim was carried round the 
fields.' Hence they were said agros butrare et pvrgare^ and 
the victtni was called hostia ambarvalis,' attended witli a crowd 
of country people hafioff their temples bound with garlands o 
oak leaves^ dancinr andsinging the praises of Ceres ; to whom 
Ubfttions were made of honey diluted Vith milk and wine: 
these sacred rites were performed before they began to reap, 
privately as well as publicly. 

This order of priests is said to have been instituted by 
RomoloSy in honour of his nurse Acca lAurentia, who had 
twelve sonSy and when one of them died, Romulus, to oonsol a 
her, offered to supply his place, and called himself and the 
rMt of her sons, fratrbs arva&bs. Their office was for life, 
sod continued even in captivity and exile. They wore a crown 
made of the ears of corn/ and a white woollen wreaUi around 
their temples.' 

iRruLiK ermd fiUxmenta kmea, quUnu sacerdote* et Jiostim, 
tenmlajue velabakhtr^ The m/if/te were broad woollen bandages 
tied with ribands/ used not only by priests to cover their beiMs, 
but also by suppliants.' 

i. CuRiONRs, the priests who performed the public sacred 
^tes in each curia^ thirty in number."* Heralds who notified 
the orders of the prince or people at the spectacles were also 
called cvRioNEs. Plautus calls a lean lamb curio, i. e. qid aura 
"wcet which is lean with care." 

3. FacuLRs, vel Fetialei, sacred persons employed in declar- 
ing war and making peace.^' The fecialis, wlio took the oath 
in the name of the Roman people in concluding a treaty or 
P^ace, was called pater patratus.'^ The feciales'* were insti- 
^ted by Numa Pompilios, borrowed, as Dionysius thinks, from 
^h<> Greeks : they are supposed to have been twenty in number, 
i hey judged concerning every things which related to the pro- 
daiining of war, and the making of treaties : ihe forms they 
^«d weire instituted by Ancus.^** "^^Y ^^"^ ^"^ ^ ^^ enemy 
to demand the restitution of effects:^' they always carried in 
Uieir hands, or wreathed round their temples, vervain/' a kind 
«>t sacred grass or dean lierbs/^ plucked from a particular place 

',!!!L %T* 'n>|M to- S coraia nieaa. 10 im p. 1. Vvr. apod Non. vL 

rnt Varr.W.iS. 6 iafula alba. Ci«U. vL II Aol. iU. «. V. Plln. «3. Ci& Lcgg. iU S. 

*^1» ""^wbat, tor 17. Pita. aTiii. S. Kb. It. 7. Mart. Pi»r. Uw. I. 8S. 

cucamihaUiMtiafra- 7 FaaU ii. 16 eiarigatiM. L «. r«« 

,*?!•* *fK«e.i.8liL Svitua, Vlr(. G. Hi. iSLIr.fz.f. rapUa elafra npetitaa. 

;;%'«>•*• 7ft. Tiball. 487. ilin. >. 888. Or. 13 quod juajuraadkin 17 varbaoa, Sarr. Virg. 

«1. !•■ *. "* Macnk. Pont. iii. S. 74. pni tbto popale patra- siL 12>. v«l varbana* 

4 »i "'.*' '*«>• « <>■ Bel. Cir. n. It. iMt, i. a. prtaalabal **I ca. 

\^ !! ^ hraa. t. a. Liv. uiv. 8Q. »r. SU. pena#bat. Ur. i. St. 18 uRnSnt, r. harba 

dT. u-"*^ dihwBa^ Tac Hiat. i. 6<i. (;ic. 14 coUegiam (adaHvn, runt. 

]S^ ^«l* O. i 344. Vvr. ir. M. Luc. r. Liv. xitvl. a. 

^' 142. 1) Oienv. i. XI. IL 7S. 


in the Gaoitoly with the earth in which it grew ; ' hence the 
chief of uiem was called vbbbenarius.' If they viere sent to 
inake a treaty each of them carried vervain as an emblem of 

Seace, and a flint etone to strike the animal which was sacri- 

4. SoDALEs THtii, vel Tittetueg, priests appointed by Titus 
Tatius to preserve the sacred rites of the Sabines; or by 
Romulus, in honour of Tatius himself ; in imitation of whom the 
priests instituted to Augustus after his death were flailed sodalrs.* 

5. Brx gacrorwn, vel rex sacrificulus, a priest appointed, 
after the expulsion of Tarquin, to perform the sacred rites, 
which the kings themselves used formerly to perform ; an office 
of small importance, and subject to the pontifex maximns, as all 
the other priests were. Before a person was admitted to this 
priesthood, he was obliged to resign aoy other office he bore, 
his wife was called rraima, and his house anciently rboia,^ 


The priests of particular gods were called flaminbb, from a 
cap or fillet' which they wore on their head.' The chief of 
tliese were : — 

1. Flamen dialis, the priest of Jupiter, who was distinguished 
by a lictor, sella curulis, and toaa prmtexta^ and had a right 
from his office of coming into the senate. Flamen martialis, 
the priest of Mars, guiRiRALis, of Romulus, &c. These three 
were always chosen from the patricians. They were first insti* 
tuted by Numa, who had himself performed the sacred rites, 
which afterwards belonged to the JUanen Dialis. Thev were 
afterwards created by the people, when they were said to be 
ehcti^ designati, creati, vel destinati, and inaugurated, or 
solemnly admitted to their office, by the pontifex maximus and 
the augurs, when they were said inau^ttrari, prodi, vel capi. 
The pontifex maximus seems to have nonunated three persons 
to the people, of whom they chose one.^ 

The flamines wore a purple robe called l.cra, which seems 
to have been thrown over their toga ; hence called by Festus 
duplex amictutf and a conical cap, called aprx. lAmigerasque 
APicBs, the sacred caps tufted with wool. Although not ponti- 
fices, they seem to have had a seat in that college. Other 
flamines were afterwards created, called minorrs, who might be 
plebeians, as the flamen of Carmenta, the mother of Evander. 
The emperors also, after their consecration, had each of them 

I OBBM as u«a cm Lir.xu.43. S«rr. Virg. iSo. tuL DiMf.a M. e« 

•u larrm •▼•Inai. 4 Tw. Aaiu i. 54. Hht. a6& Oloar. Iv.74. t.1. S7. ValL i. 41. 5«rt. 

S PUb. xxU. lauu B.t. iL 86. Sast. QMd. 6. 6 « tUo rel silM. Oil. It VftL Mo. «i. 

•8. Omlb. a 7 Van. U L iv, 15. 8. S. CIc.Dom. 14. Mib 

I pAtom bvldN sllIeM, 5 Ut. U. S. kL 52. 8 Tm. Ana. ir. 16. LIt. 10. 17. PkU. ii. 43* 

prin«|M TOTbwiM, Macrak Sal. L U. k SO. uvil. 8. zu. SB. . BruU I. 

Hie dtaiea of Jupiter was an office of great dignity,* bat 
nibJMted to maDjf restrictioci, ai, that b« diould not ride on 
honaback, nor nay ona uirht without the dty, nor take an 
oath, and MTeral cithers.' His wife' hm iikewisa under par- 
ticular TCstrictiona ; but the could not be dirorced : and if tba 
■ dthe f - - - 

FrDm the death of Merula, who killed himealf in the tenipla 
of Jupiter* Cicero says in the temple of Vesta, to aToid the 
cruelty of Citina, A. U. 666, there was no flsmea Dialis for 
i«Tanly-two yean, ^Dio makes it serenty-aeren yean, but it 
int), and the duties of his function ware per- 

to that office at scTcnteen,' but, not hafinf been inai^nrated, 
was loan after deprived of it by Syll*. 

IL, the priesta of Man, twelve in number, inttitulad 
by Ndow ; so called, because on solemn occasions they used to 
go throu^ the cdty dancinj;,"' dressed in an embroidered tunic," 
pound with a bnxen iwlt, and a tog* pratextt or tralwa ; hsr- 
isg' on their head a cap rising to a considerable height, in the 
form of a cone," with a sword hy their side ; in their right hand 
>^>ear, a rod, or the like; and in tbeir left, oneof tho ancilia, 
M shield* of Man." Lucan says it bung from their neck." 
Seneca resembles the leaping of the ijalii' to that of fullers of 
cloth." They used to go to the capitol, through the forum and 
ether nnblio parts of the ciiy, singing as they went aacred 
"'"R^ *^d to have been compoeed by Numa,"' which, in the 
time of Horace, could hardly be oaderatood bij any one, scarcely 
by the priests themselves." Festus calls theee verves LiuasTt 
n\ agtamaUu, because they were written on tabletx. 

The most solemn procession of the Salii was on the first ot 
Much in commemoration of the tiote when the sacred shield 
was believed to have foUen from heaven, in the reign of Num& 
liliey reeembled the armed dancers of the Greeks, called 

Sw StFiir:^ e?:3t"i*' 


CurttteSy from Crete, where that manner of dancing called 
PTRRiCHB had its orip^n; whether invented by Minerra, or, 
aooordinK to the fables of the poets^ by the Curetes, who, bein<i[ 
intmstod with the care of Jupiter in his in&ncy, to prevent his 
being discovered by Saturn his father, drowned his cries by the 
sound of their arms and cymbals. It was certainly common 
among the Greeks in thA time of Homer.* 

No one could be admitted into the order of the Salii onleas 
a aative of the place, and freeborn, whose father and mother 
were alive. Lucan calls them lecta juventus patricia^ young 
patricians, because chosen from that order. The Salii, after 
finishing their procession, had a splendid entertainment pre- 
pared ror them; hence saliabss dape9, costly dishes; epttiari 
SaUaran in modum, to feast luxuriously;' their chief wa.<« 
called pBfsm.,' who seems to have gone foremost in the proces- 
sion; their principal musician, vatbs; and he who admitted 
new members^ haqistbr. According to Dionysius,'^ Tullns 
Hostilius added twelve other Salii, who were called AoovALcSy 
-€fises, or CoUim, from having their chapel on the Colline hill 
Those instituted by Numa had their chapel on the Palatine hill ; 
hence, for the sake of distinction, they were called palatini.' 

III. LuPBBCi, the priests of Pan; so called' from a wolf, 
because that god was supposed to keep the wolves from the 
sheep^ Hence the place where he was worshipped was called 
Luoercai^ and his festival iMptrcaliOi which was celebrated in 
February ; at which time the Luperci ran up and down the city 
naked, having only a girdle of goats' skins round their waist, 
and thongs of the same in their hands, with which they struck 
those whom they met, particularly married women, who were 
thence supposed to be rendered prolific^ 

There were three companies ^ of Lunerci ; two ancient, 
called vabiani and gviifTiLiAifi,' and a third, called julu, insti- 
tuted in honour of Julius Ciesar, whose first diief was Antony ; 
and therefore, in that capacity, at the festival of the Lupercalia, 
although consul, he went almost naked into the faran Juliumy 
attended by his lictors, and having made a harangue to the 
people ^^ from the rostra^ he, acconung to concert^ as it is be- 
lieved, presented a crown to Caesar, who was sitting there in a 
golden chair, dressed in a purple robe, with a golden diadem, 
which had been decreed him, surrounded by the whole senate 
and people. Antony attempted repeatedly to put the crown on 
his head, addressing him by the title of king, and declarin<; 
that what he said and did was at the desire of his fellow* citiMns. 

1 IL Ti. V. 494. Strab.s. 17. i, Oe, ktU r. % 6 M. D. ^0. 9 a PaUo »l Qahtnia 

40T« 48iL iln. DiotT. il. • L «. qui ante alkn Hk 6 a hipo. pnraNit' 

79. rii. n. Hffkt. im. IH. 7 Stty. VIn. JBn. yW. 10 iw4«a 

407« 48iL iln. Dioar. il. • L a. qui ante alkn »• 6 a hipo. pnraNitii aaia, Feti. 

79. rii. n. Hffkt. 139. IH. 7 Sarv. VIn. JBn. yW. 10 Ba4«a aMeioaatai 

Sarr. Virc. ir. 151. 4 Ut. 91. Cie. Div. i. 96. Ui. Or. F. ii, 427. act, Cic. PUl. iL SL 

S Laa. fab 4Ta Saat. iL 66. Capital. Aatoa. 445. t. lOl. «S 

Glaad. aa. Bar. Od. i. Philaa. 4; 8 aodaliutae 


Bai CaBflUTy pereeifing the slroDfpMt marki of aTeison in tho. 
people^ njoeted it, taying that Jupiter alone was kii^ of Rome, 
aod therefore eent Ihe crown to the Capitol, aa a pretent to that 
god.^ It ia remaiicable that none of the saooeeding emperonB, 
in the plenitiMle of their power, ever Tentured to aasuae the 
name of rear, king. 

Aa the LnpercT were the most ancient order of priests, said to 
have been first instituted by Evander,' so they continued the 
longest, not being abolished till the time of Anastasios, who 
died A. a 6ia 

I v. PoTiTii and puiAau, the priests of Hercules^ iostituted by 
Evander, when he built an altar to Uercnles, called maxima, 
after that hero had sbin Cacus ; said to have been instructed in 
the sacred rites by Hercoles himself,' being then two of the 
most illuBtrious fiiniilies in that place. The rinarii, happening 
to come too late to the sacrifice, after the entrails were eaten 
up/ were» by the appointment of Hercules, nerer after per- 
nitted to taaie the entrails ; ^ so that they only acted as assia- 
taats in performing the sacred rites.'' The Potiiii, being tau|^ 
by Evander, contintted to preside at the sacrifices of Hercoles 
Tor many agea ; ^ till the rinarii, by the authority or advice of 
Appius Qaudiua. the censor, having delegated their ministry to 
public slaves, the whole race,^ consisting of twelve famUia^ be- 
came extinct within a year ; and some time after Appius lost 
his sight ; a warning, says livy, against making innovationa in 

^. ivAUj, the priests of Cybele, the mother of the gods ; so 
called from oAUiCS, a river in Phrygia, which was supposed to 
inake those who drank it mad, so that they castrated them- 
•elves, as the priests of Cybele did,^° in imitation of Attys, -yis, 
Atiis^ -idis, v. Attin, -inis ; '^ called also curbtss, cortbahtxs, 
their chief abchigauiOs ; all of Phrygian extraction ; ^ who used 
^ carry round the image of Cybele, with the gestures of mad 
people, rolling Uieur heads, beatin||r their breasts to the sound of 
the flute ,^ making a great noise with drums and cymbals ; some- 
times also cutting their arms, and utteriug dreadful predictiona. 
^^ina the festival called bilaaia, at the vernal equinox,^* they 
, washed with certain solemnities the image of Cybele, her cha- 
let, her lions, and all her sacred things in the Tiber, at the 

'.^"^•n.4LslTt. S«t doms HavM u ■•• fiorii raUglo- l\ M«C. 

^ fk V ^ &•▼• M. Md tb* FinwlM lb- n. U Locr. U. IS9L Hor. 

tk iSli^^^VelLlL »ar,tli»aap<MitMTer 10 VmI. HanriUa. I. Od. LW.8.S«rT.Viri. 

TJ^ ^^^ f»t^ this bultoOoii tmnA 11. Or. V. It. «1. ■•• k. 11«. PUa. nxv. lU. 

j|2**«> P' tn. A^ to HffiwlM, VirM. lb. aitalU libl abMbid^ a. 8S. Dira«. ». 191 

.7"* Cl^ L %, mr 7 HtkUlM ■mtT i^u but rnltris UpUdi IS tibia BvMTBibia^ 

•Ov-VAin.'LiT.LS. fwrant, LIt. ib. pri. rA Saab toaU, wltk T.bui. 

*vt ^ tt. SwT. mmMwm «irtitiu mo- kalru of itoM or Sik 14 riU. Kd. ArtU. Ma» 

•i^ti^ ^>> Ml tor, Vin. lb. aUn brieb, Jnv. IL rob. Sot. i. 21. Hor. 

^^ir:^ "*• 8 fWM <«"•> ▼• f •«• 11<* ▼>- <U^ Mvi. lU. Od. i 18. 7. \'u^. Kn. 

\ ni!r*^'*- votUhMu. BL S. Plln. »i. 40. i. ix. 019. Uc. i. MJu 

'''^•r'LlQ. SqttoddkwTOiidti tU 108. uxY. M. 1. 40. Soiu MmL 804. 


854 ftOMAR AATigmTin. 

conflux of tho Almo.* They annually went round tlie TOlaffes, 
a«kinff an alms,* which all other priests were pohibited to do.' 
All the circumstances relating to Cybele and her sacred rites 
are poetically detaUed by Orid, Fast !▼. 181 , 373. The riiee of 
Cybele were disgraced by great indecency of expression.* 

ViRGiNEs visTALis/ vlrgins consecrated to the worship o( 
Vesta, a priesthood deriv^ from Alba, for Rhea SylTia, the 
mother of Romulus, was a vestal, were originally from Troy, 
first instituted at Rome by Numa, and were four in number ; 
two were added by Tarquinius Priscus, or by Serrius Tullius, 
which continued to be the number ever after.' 

The Vestal virgins were chosen first by the kings,' and after 
their expulsion, by the pontifex maximus ; who, according to the 
Papian law, when a vacancy was to be supplied, selected from 
among the people twenty nris above six, and below sixteen years 
of age,' free from any bodily defect, which was a requisite in all 
priests,' whose father and mother were both alive, and freebom 
citizens. It was determined by lot in an assembly of the people, 
which of these twenty should be appointed. Then the pontifex 
maidmus went and took her on whom the lot fell, from her 
parents, as a captive in war,'* addressing her thus, tb, amata, 
CAPio ; that being, according to A, Gellius, the name of the 
first who was chosen a Vestal : hence capkrb virginem Fettalemy 
to choose a Vestal virgin ; which word was also applied to the 
Jlamen dialit, to the pontifices and augurs.^ But afterwards 
this mode of casting lots was not necessary. The pontifex 
maximus might choose any one he thought proper, with the con- 
sent of her parents, and the requisite qualifications.'* If none 
offered voluntarily, the method of casting lots was used.*' 

The Vestal virgins were bound to their ministry for thirty 
years. For the first ten years they learned the sacred rites ; for 
the next ten, they perfoniied them ; and for the last ten taught 
the younger virgins. They were all said preMidere 9acri9, ut 
a»9idu6S templi antistitbs, v. -to!, that they mifffat, without inter- 
ruption, attend to the business of the temple?* The oldest ^* 
was called maxima." After thirty years* service they might 
leave the temple and marry ; which, however, was seldom done, 
and always reckoned ominous.*' 

The office of the Vestal virgins was,>»l. To keep the sacred 
Gre always burning,^ whence atemaque Vettee obUiu»f forget 

1 Ov. V. It. 07. AbU.8B0-PlatNua. pvwU, vtlad btllo 19 VMtallaa yMsIU* 

i ■dp>m imMflMiilM, PMtS«b espiUB abdaMtat. daM,Tko. ABi.sLK. 

a. In. PM. i. 1. 40. JD'umr.\^ lie*U.L19. MSMLjaLA^ipt*. 

8NotMMiw6Mr»iNra It enta* ratio kabiri ftnmtm, D\9, Ik 

Dkay.MlB. _ _,_ ^ . 

S Oik Leu. 0. 9. 1& ]« TCua of tA Gtfl. i. vund, ibid. TM. Atm. 17 Dlony. H. W. 

*Jav: il.~10L AnfML 18. 11.88. 18 Pkr. I. 1. < 

Or. nai. U. I4w 8 aMidai btonr tH, 18 SmC Au 11. «■!» IgMBi ftd 

S nyiiiii 'Mntmin. Sm. tm. W. i. Pj«L 14 Lit. 1. fO.T«c An. Itel aMpiii 

• LTt. 1. 8; as. Vimf, Q. Kon. Tit «. 68. Sv. Vit. bwl l.ig|. ii. 8. 

II. fri.81. iy.0. Virg. iC MM fflvktaMB • M. Divqr. It. 87. 

wmsTBM OP Rsuoioir 951^ 

ttnf tlw firo of eftMiwl Vetta ; watdiiog it in the niglit4iiii« 
altematelyy^ and whoerer allowed it to co oat wa« foouived ' by 
the pontifex maarimut/ or by bis order. This adadent was 
always esteemed unlucky, and expiated by offering extraordi* 
nary sacrifioes.^ The fire was lig^nted up again, not from ano- 
ther firoy but from the rays of the sun, m which manner it was 
renewed oTmry ysar on the first of March ; that day being an- 
ciently the beginning of the year.* — S. To keep the sacred 
pledge of the empire, supposed to hare been the PaUadiam, or 
the Penates of the Roman people, called by Dio r« /f^« ; kept 
in the Innennost reoem of the temple, Tisible only to the Tirginsv 
or rather to the Fesialis maxima alone ; ' sometimes removed 
from the temple of Vesta by the vitgim^ when tumnit and 
ilattghter prevailed in the dty, or in case of a fire, rescued by 
Metellus the pontifex maximus when the temple was in flasMS^ 
A. U, 512, at the haaard of his life, and with the loss of his 
nght, and consequently of his priesthood, for which a statue 
was erected to him in tlie capitot and other honoum conferred 
on him ,^— and, 3. To perform constantly the sacred rites of the 
goddess. Their prayers and tows were always thought to bare 
great influence with the gods. In their derotions they wotw 
■hipped the god Fasdnns to guard them from envy.' 

Vh^ Vestal vimns wore a long white robe, bordered with 
purple ; their heads were decorated with fillets' and ribands ;" 
-^nce the VeMlaUs maxima is called vittata sacbbdos, and aim- 
i^ty TiTTATA, the head-dress, sumauLUM, deecribed by Prnden* 
tius.^^ When first chosen, their hair was cut off and buried under 
an old laioi or lote-tree in the dty,'* but it was afterwards 
allowed to grow. 

The VesUl virgins enjoyed singular honours and privileges. 
'^^ pvsBtors and consuls^ when they met them in the street^ 
lowered their fasoes, and went out of the way, to show them 
>««pect They had a lictor to attend them in public^ at leest 
after the time of the triumrirate ; " Pluurch says always ; they 
rode in a chariot ; ** sat in a distinguished place at the spectacles; 
wete not forced to swear," unless they inclined, and by none 
(^ther but Vesta, They might make their testament, aldiongh 
under sse ; for they were not subject to the power of a parent 
^ gnaroian, as other women. They could firee a criminal from 
pnoishmeut, if they met him accidentally ; and their ioterposi« 

'il''^'?'l^n• nor. cnmU b. 4tJ. Plfak vii. 48. Sm. I«e. i. 997. J«it. Iv. IS 

•V*^ ft. 11. f ptat. ik Mifftib Sat. CobU. W. S. WnL 

a yy^i**'^*"^' i IS UT. F. iU. IML S San. frw, i. Har. IS Plia. mrL 41. a. Sft. 

VT;"*^ Lt. DMiif. • Uw. T. 0t. sari ST. Od. I. S- SSL Oe. Font. M San. emtf. I. t. tI 

?!,^r*>^ ^ddaa, Tm. An. bt. 41. Lm. 17. Okk al«fii. la Plin. ft DIo. xlrtt. 1ft 

%?***"■» Iwo at v*> i. MS. is. 994. OiOTy. wvfU. 4. a. 7. 14 oarMalo w, »ilral«, 

S *^ ialvpaaSw, 0. Ml H«^mi. L 14. 9 loMa. ffmp^^ Tac. Au. stt. & Tmu 

[j^.Maw.^fJ.iiv. f M,. UL DioBy. H. DioDy. ii. 87. riU. 89. Na«. 

i^l'^L*'* <>• Uv. tk Bp. afat. 10 Titua, Ov. P. UL 80. 1ft M. W. 1& »w^ Aaf. 

■MMlaai^aritasMa. Oml afiL 81. Ov. F. tv. 11 ooMra Sya. iL lOlB. 44.GaiLa.lA 


S55 ROMAM ANnouiras. 

tion was always greatly respected. They had a salary fipom die 
pnblia* They were held in such TenerstieD, that testeiMntB and 
the most important deeds were committed to their care, and they 
enjoyed all the privileges of matrons who had three ohildren.' 

When the Vestal Tirgins were forced through indispositioD 
to leare the Amnm rmTX, probably a house adjoining to the 
temple, and to the nalace of Numa, rboia parva wmx, if not a 
part of it; where the Tirgins lired, they were intrusted to the 
care of some renerable matron.' 

If any Vestal violated her vow of chastity, after being tried 
and sentenced by the pontlfioee, she was buried alive with 
fbneral solemnities in a place called the campus scBLsaATua^ 
near the Porta GoUina, and her paramour scourged to death in 
the forum ; which method of pumshmeot is saia to have been 
iiiet contrived by Tarqninios Priscus. The commissioB of this 
crime was thought to forbode some dreadflil calamity to the 
state, an^ therefore^ was alwaya expiated with eztaordinary 
sacrifices. The suspected virtue of some virgins is said to have 
been miraculously cleared.^ 

These were the principal divisions of the Roman priestk 
Concerning their emoluments the daasics leave ns very much 
in the dark ; as they also do willi respect to those of the magia- 
trates. When Romulus first divided the Roman territory, he 
set apart what was sufficient for the perfomaaoe of sacred rites, 
and for the support of temples.^ So livy inlbnas us, that 
Numa^ who instituted the grsatest number of priesto and sacri- 
fices, provided a fund for defiraying these expenses»* but ap- 
pointCNi a public stipend ' to none but the Vestal virgins; 
Dionysios^ speaking of Romulus, says, that whQe other naiione 
were negligent about the choice of their priestSy some exposing 
that office to sale, and others determining it by lot ; Romulus 
made a law that two men. above fifty, of distinguished rank and 
virtue, widiout bodily defect* and possessed of a competent 
fortune, should be chosen from each curia, to officiate as priests 
in that curia or parish for lifs ; being exempted by a^ fieom 
military service, and by law from the troublesome business of 
the dty. There is no mention of any annual salary. In after 
ages the priests claimed an immunity from taxes, whidi the 
pontifices and augurs for several years did not pay. At last, 
iiowever, the qusstors wanting money for public exigenciea^ 
forced them, after appealing in vain to the tribunes, to pay up 

I JUr. i. n. ShL Au. IM. Tte. Ana. L & W. 37. ixb. 14. Ixiii. Piin. 5 Dionr. H. 7. 
Sl.J«l.LTifaL «. Vtt. 16.DI*.xlriit. UL 87. riu SB. Es. ir. 11. • wmU ia Mt •«■■ 

16. Tm. Ant. (I. M. 48. iTi. 10. JHoaf, L 76. tt. 07. pswab mmaMtu. L 

il.nHbCiU.8l.GiO. S Or. Tifat. iii. L 80. i«L 89. is. 4«. DIo. nT 

VwL If. Agr. IL 88. Rmc vl.a88.FllB.Kpi. fmga. SI, 88. Fhrt. Q. 7 adpOTdlH 

n«t. Nob StB. y». T«. 19. Bmi. 81. Aac 110.0. slM•l^ilk 

9tU, ftu 4 V«l. Hu. Tfli. 1. & Siwb Dom. 8. Jvv. Ir. 

1 SbM. JnL 88. Ai«. Ur. tHI. IS. sir. xsiL lOi 

MuiuTKas ov EBuanm 95V- 

their aman.* Augustus incrsased both the dignity and emoln- 
nwDts ' af the priests, pardoalariy c^ the Vestal Tirgins; as he 
likewise fint fixed the salaries of the provincial magistrates/ 
whence we read of a sum of monej * h^mg given to Siose who 
were disappointed of a province.' But we read of no fixed 
•alary for the priests ; as for the teadiers of the liberal arts, and 
for othen.' When Theodosius the Great abolished the heathen 
vorship at Rome, Zosimns mentions only his refusing to grant 
the public money for sacrifices, and expelling the priests of 
both sexes from tne temples.' It is certain however, that suf- 
ficient provision was made, in whatever manner, for the main- 
tenance of those who devoted themselves wholly to sacred 
functions. Honour, perhaps, was the chief reward of the digni- 
fied priests, who attended only occasionally, and whose rank and 
fortune raised them above desiring anv pecuniary gratification. 
There is a passage in the life of Aurelian by Vopiscns,' which 
lome apply to this subject ; although it seems to be restricted 
to the priests of a particular temple, ponHfices robaravit^ sc 
Aurelianu9, i. e. he endowed the chief priests with salaries, 
decrevit etiam emolumenia mim»tri9, and granted certain emo- 
laments to their servants, the inferior priests who took care of 
the temples. The priests are by later writers sometimes dirided 
into Uiree trasses, tlie atUistites^ or chief priests, the sacerdoies 
or ordinary priests, and the minittri or meanest priests, whom 
Alanilins cam amctoraiOM in tertia jura nunistros, but for the 
most part only into two classes^ the pontifices or taaerdotetj and 
the nunUiri,^ 


Tm priests who had children employed them to assist in per- 
forming sacred rites : but those who had no children procured 
free-bom boys and girls to serve them, the boys to the age of 
puberty, and the girls till they were married. These were 
(»Ued CamiUi and Camilla}^ \ 

Those who took care of the temples were called jrditoi or 
^ditwnni, those who brought the victims to the altar and slew 
them, pop«^ vktimarii and cultrarii ; to whom in partiinilar 
the name of muistri was properly applied. The boys who 
Assisted the flamines in sacred rites were called flamii«ii ; and 
the girls, FLAMmjs. There were various kinds of musicians, 
t^me9, tubicine$, fiHeineg, &c." 

^ ***"**. ptr aoM «1. 6 Smt Tik 46. Ytmp. S»er{t. c( Teaplls, 

■P* MerK•^ Mipm. 3 Dkulil S&SS.liU.lS. 18 N«r. n. OlenC 10 Ditmy ><• **- 

*«««u«ta«t,t,LlT. ♦ •aliirion. 7 T M. II L5t. \x. 80. Fwt. 

»>&4S.«.44.Diua,. » U. 781 ft I'.ui. 4. 8 c. J». Ov. P. 1 3»». Jt. 63T. 

J' >^* luviu. 28. Tae. Asi. » Mu.t.850. lr«s.14. M^t. li. 7)7. Vi- «. 

« w«m4, 8iMt. Am* «L &4.TkMd.deP»9ik O. uL 486. Juv. xU. M 

T 3 



Thb places dedicated to the worship of the gods were called 
templeSy tkmpla,^ and consecrated by the augers ; hence called 
Auffosta. A temple built by Agrippa in the time of AugnstuSy 
and dedicated to all the gods^ was caUed Pantheon.' 

A small temple or chapel was called saceilum or adicida. A 
wood or thicket of trees consecrated to religious worship was 
called htcus^ a groYe.' The gods were supposed to frequent 
woods and fountains ; hence, ewe hcis suqperos teetatur eilva per 
omnem sola vireM lAbyen,^ 

The worship of the gods consisted cliiefly in prayers, tows, 
and sacrifices 

No act of religious worship was performed without prayer. 
The words used were thought of the greatest importanoey and 
Taried according to the nature of the sacrifice.^ Hence the 
supposed force of charms and incantations." When in doubt 
about the name of anygod, lest they should mistake, they used 
to say, gmsQVis bs. Whaterer occurred to a person in doubt 
what to say, was supposed to be suggested by some diyinity.^ 
In the daytime the gods were thought to remain for the most 
part in hearen, but to go up and down the earth during the 
night to obserre the actions of men. The stars were supposed 
to do the contrary.^ 

Those who prayed stood usually with their beads coTered,' 
looking towards the east; a priest pronounced the words beforo 
them ;^ they frequently toucned the altars or the knees of the 
images of the gods; turning themselves round in a drde,^ 
towards the right^" sometimes they put their right hand to their 
mouth,^^ and also prostrated themselves on the ground.^* 

The andent Romans used with the same solemnity to offer 
up Tows.^^ They yowed temples, games (thence called hdi vo- 
tivi), sacrifices, gifts, a certain part of the plunder of a city, &c 
Also what was caUed vbr sacbum, that is, all the cattle whicli 
were produced from the first of March to the end of AnriL'* In 
this TOW among the Samnites, men were indoded." Some- 
times ihey used to write their vows on paper or waxen tablets, 
to seal them up,'^ and fitften them with wax to the knees of the 
images of the gods; that being supposed to be the seat of 
mercy : hence genua incerare deorum)^ to cover with wax the 

1 f«u, dalahn, ucfa- 5 Vil. Max. L 1. 9 eapil* valato vtl 16 Tovari^ v«ta bctra, 
ilK.adcB tacnB. 6 wiMet IncAiitaasB* opn-t^ ■nadpera, ooaeip«r«| 

2 Dia UiL S7. te «vmiaaa, Plin. 10 verlM pf^tat ' nniwapir*, fco. 
aPUB.xa.«. xxTiii. S.Hor.Ep.i.1. 11 In nrram m eoawr* 16 Lit. tadL A. IQ* 
4 Luc is. SaL—n^^ 34. tobut, lAw. r. «. soriv. 44. 

aad ikw* oahr, thivugk 7 Plaat. Meat. UL 1. IS Plaat. Obtb. i 1. 70. 17 Fwt. In 1 
wkU Ukf^u •pac«, lS7.Jla4.L487.Virc. 13 dntnm art adaova. IB obrifiw*. 
Tall tnca, tin Iand« teat, whenea adoratia. 19JaT.s.H. 
and vwrdant kciteca Dao Socntu. 14 preounbateat aria 
" >nMt.R«d.Pral.8. mMboL 


kn«€8 of the gods. When the things for which tfaey offered 
op TowB were gr m tedy the vowt weie said vaUre, eae raia, &&, 
bat if noty eadere, ase irriia, 9ie, 

The peraon who made Towi was said eue twii reu$ ; and when 
he obtained his wish,^ voii Tel voto damnatut^ bound to nudce 
good hia TOW, till he performed it. Henoe danmabU tu quoque 
votig^ i. e. obligabU aa vota $olvaida, shah bind men to perform 
their Towa by granting what they prayed for; reddere vel 90U 
vere votOy to perform. Pan pradm dehUa,* debUi Tel merUt 
honores, meriia'tlana, && A TOwed feast ' waa called rouuo- 
TUM, firom poUucerey to consecrate; hence poUudbiliier cmnarey 
to feast aumptaonsly.^ Those who implored the aid of the godi^ 
osed to Ue * in their temples^ as if to receiTO from them re- 
sponses in their sleep. The side in particalar did so in the 
temnle of .Ssciilapias.' 

Those aaTod from shipwre^^ used to hang up their dothes in 
the temple of Neptune, with a picture ' representing the circum- 
itances of their duiger and escape.' 80 soldiers^ when dis- 
charged, used to suspend their arms to Man» gladiators thehr 
swoMs to Hereulei^ and poeti, when they finished a work, the 
fillets of their hair to Apollo. A person who had soffeifed ship- 
wrecliL used sometimes to support nimself by begging, and for 
the sake of moTing compassion to show a picture of his miafor- 

Augustus haying lost a number of his ships in a storm, ex- 
pressmi his resentment against Neptune^ by ordering that hia 
image shoold not be carried in procession with thow of the 
other gods at tlie next solemnity of the Giroensian games." 

Thirnksgivings ^ used always to be made to the gods for bene* 
fits receiTed, and upon all fortunate events. It was^ howeTsr, 
beHeved that the gods, after remarkable success, used to send on 
men, by the i«ency of Nmiasis,^ a reyerse of fortune." To avoid 
whidi, as it is thought, Augustus, in consequence of a dream, 
every year, on a certain day, begged an alms finom the people, 
holding out his hand to such as offered him.^* 
^ When a general had obtained a signal victory, a thanks- 
giving ^ was decroed by the senate to ^ made in all the tem- 
ples ; and what was called a LacnsTBiiNivn, when couches were 
spread ^ for the gods, as if about to feast^ and their images taken 
w>wn from their pedestals, and placed upon tliese eouchss round 
the altars, which were IcNided with the richest dishes. Henoe, 
^ omnia ptUvinaria 9acrifioalum^ sacrifices were offered at all 

I yyS yi ii. Cie. Dtr. I. 43. PlaBt 21. 84. 13 Ut. sir. 41. 

•^* 'K'exoik' S«t« III. Car& i. 1. 01. u. L 10. 10 Sost. A of. 16. 14 arani mamm 

■• VlR, BcL, y, sQ^ f tabala TOtln. 11 gntianta actieiiM. DOnigntifaaa praiMM, 

^*I"iuiTMivu. 8 Virf . sii TOB. Bar. IS mltrix IteinoniB im- &Mt Aag. 91. Difcttr, 

%i!?*?H''"'- ▼• 3- *>• 0<l«k »• ^^ Nat. O. ptanm bononaaqM 8S. 

atieh.t.S.iaaio«L I. HI. 17. prcahlrix, — Um r«- 15 sapplkatto vrt np. 

J:^. OHor.Bp. 1.1.4. Stat, vcacer of impioM pUciun, lilr. liL 68. 

jncvWt. SllT. It. 4. W. Jav. i1m&, oad r«w«rd«r of 16 ImCI tbI pohrfaMrfa 

^^^' Vliy. vfiL 8B. ilv. Ml. ni«iir. Ir. good, Maic sir* ^ •taraebwiuu'. 

the ithrinw; lapplicatio decreta ett,^ athankiglTing itu decre«<i. 
■" ■ ■ ■ ■ "■ - . . led tb 

■Dbe oi 

u alao dacread in time* of danger or pubKc diMress ; wlien 
ui« wonien prostrating th«roMlv«s on tii« i^und, sometime! 
awapt di« temple* with thsir hair. Ilie i«ctiU«rnium was fiist 
iDtiaduced io the time ofa pestileooe, A. U, 356.' 

In sacrilioei it wat requisiW that thote who offered theni 
■hoidd come chaate and pnre; that they should bathe themnlm; 
be dresMd in white roiMs, and crowned nitli the leare* of tliat 
tree which wu thou^t moat Bcceptable to the god whom they 
worshipoed. Sometimea alio in the garb of nipplianta, with 
diahoTelled hair, looae robes, and barefooted. Vows and [nsyen 
were alwaya made before the aacrilice. 

It waa necesaary that the animab to be socri5ced * should be 
without Hpot and blemish,* nerer yoked in the plough, and 
therefore they were chosen from a nocl< or herd, approvw) by 
the priests, and marked with ctialk,' whence they were called 
tfprtffia, acimUe, Ueke. Tbey were adorned with filiels and 
ribands,' and crowoa ; nnd tbeir horns were gilt. 

The Tictim was led to 
the altar by the popte, 
tvith tbeir dotbes tutted 
up, and naked to the 
waist,' with BsUckrope, 
that it might not seem to 
be brought by force^ 
which was reckoned a 
bad omen. Forthesame 
raasoo it was allowed to 
stand looaa before the 
filtnr ; and it was a rery 
bad omen if it Oed anay. 

Then after silence was ordered,* asaltedcshe" was sprinkled " 
on the head of the beast, and frankincense and wine poured 
between its horns, the priest hsving first tasied the wine himsetr. 
and giten it to be tasted by Ihuse that stood next him, which 
was called libitio ; and thus the victim was said tise taacta, i. e. 
magU tmcta: hence inaaolare et mactare, to sacrilice; for )1i« 
Romans carefully avoided words of n bad omen ; as, cmderr, 
juffuiart, &c The priest plucked the highest hairs Ireiween ihe 

aHl. ^ '' OrTr.lSl. StMmmll.sS!c£ Hi. 0>. »*Bl>.V^ 

lACRSo ftitn. 2^1 

honis, and thrsir thmn into the fire ; which tras called LiMAwmM, 
raiMA.^ The Tictim was itnick by the eukrarhuy with an «c« or 
a nail/ by the order of the prieit^ whont he ariied thos, AaoivB? 
and the priest answered, hoo Aoa.' Then it was stabbed * with 
knives ; and the blood beinip caufrht * in goblets, was poured on 
the altar. It was then flayM and dissected. Sometimes it was 
aJi barned, and called holocaustum,' but usually ooly a part » 
and what remained was divided between the priests and the per^ 
•on who oflbred the sacrifice.' The person who cut up the 
snimal, and divided it into different parts^ was said protecare 
exta^ and the entrails thus divided were called raosiciJt or no 
BKCTA. These rites were common to the Romans with the 
Greeks ; whence Dionysios concludes that the Romans were of 
Greek extraction.' 

Then the aruspicet inspected the entndls;' and if the signs 
were fiiTourable," they were said to hare oflTered up an accepta- 
ble SBcrificey or to hare pacified the gods ; ^^ if not^'^ another 
▼ictim was oflbred up,^ and sometimes sereraL'* The llrer was 
the part chiefly inspected^ and supposed to giro the most certain 
presages of futurity; hence termed caput sxtobum. It was 
dirideid into two parts, called parg FAHiLumiSy and part nosrtLis 
vel inimica. From the former they conjectured what was to 
happen to themselres ; and from the latter, what was to happen 
to an enemy. Each of these parts had what was called cafut,^ 
which seems to hare been a protuberance at the entrance of the 
blood-TCBsels and nerves, wnich the ancients distinguished by 
the name of fibres,'' A liver without this protuberance/' or cat 
off,*" was reckoned a very bad omen ; ^ or when the heart of the 
victim could not be found ; for ahheugh it was known that an 
Anlaud could not live without the heart, yet it was believed 
•ometimes to be wanting ; as happened to desar, a little before 
hb death, while he was sacrificing, on that day on which he first 
Appeared in his golden chair and purple robe, whereupon the 
haruspex Spurinna warned him to beware of the ides of March.'' 
The principal fissure or division of the liver,'^ was likewise par- 
tiodarly attended to, as also its fibres or parts, and those of the 
longs." After the haruspioes had inspected the entrails^ then the 
parti w hidi fell to the ifods were sprinkled with meal, wine, and 

1 Scry. Vhrf . ^b. W, • t*U eoBMlcteat, 18 tku, la i«a libra, azrlL ML •• SB. 

91.^. V^ yir9.lT.e4. SMt. Aa& M. MM 17 Jflcarilmcsplla. 

■ n*^' ^"^ <^ ^ 10 ■' *>*> k*"* mmbU j Tklet npiU abnrum 18 Mpot JwlBort oi* 

'JyT' 9- L za. Smu lldiblitMM. knwonr* ■•kn AIM- mm. 

.^*1' 18ticxtea«o beuvel rim Mpitb, Lac I. 1» alUi tiMw, Clc 

* JM wWrtyr . pnva at triiUa aMaaU «S7. aa asplu paribaa Oir. U 3i. U. 11. U. 

^•utpto. iS Mciilelaa lartaan- biaa coatarnanaria, Lir.T.U.8. 

' *u«pte, MciiBelaa taaUan- Kaa coaaargaat tana, ur. thi. «. 

*«^Mw,at«M hatar. Tal vtatim na. Saa.aSdlrk M«. oaint » Cie- Div.l. n.iU^ 

«W.Vlrg.Tifi. oadHMaMdabatv. iaetaorls dayiaa, VaL Val.Mas.L<.l&8M«. 

V?«' nna n mvIS* 14 Cia. IMr. U. M. 88. Max. L6. H i. aw t«« Jal. 81. 

i t i rt i ba ^T.tacffa 8aa«. C«a. 81. Ur. Mat, aaa oa rack tkla 81 AtMai )aaorb teai- 

'^pttar.Virc.O.L nv. l8.Sanr. ortbaBMaraorMTftj, liara et vlula. 

. J*Sf' Aaa. n.14b M. r. iM. caaaMoiv aallad par- 88 Ck. Nak D. UL 8- 

ijn.n.L(v.T.81.0T. 1» PUo. xL 87. ■. Til ta, *.-t^Cte.Nat D. Dlr. i. la U. 18, 1«. 

Z- ,*^.N1 rint. rtoa. Ur, vtH. 8. Ok. Wv. 0. 56. wkkk LlvroUa Virg. e. 1. 4»k Aa. 

"''■^ n.l^li.LM.La8l. BwtwB ia jadaoM, e.i.lf8. 


frankinoeiiMy and burned' on the altar. The entrails vera 
said diU dari, reddt, el porricif when they were placed on the 
altars^' or when, in sacrificing to the dii marini^ they were 
thrown into the sea.^ Hence, if any thing unlucky lelL out to 

{»revent a person from doing what he had resolTed on, or the 
ike, it was said to happen inier cmsa (sc extd) et porrecta, be- 
tween the time of killing the victim and burning the entrails, 
i. e. between the time of forming the resolution ana executing it.^ 

When the sacrifice was finished, the priest having washed his 
hands and uttered certain prayers, again made a libation, and 
then the people were dismissed in a set form ; micsr, or ire Ihtt. 

After the sacrifice followed a feast,* which in public sacrifices 
was sumptuously prepared by the septemoiri tpuionet. In pri- 
vate sacrifices, Uie persons who offered them feasted on the parts 
which fell to them, with their friends.' 

On certain solemn occasions, especially at funerals, a distri- 
bution of raw flesh used to be made to the people, called viscb- 
RATio ; ^ for viscera signifies not only the intestines, but what- 
ever is under the hide : particularly the flesh between the bones 
and the skin." 

The sacrifices offered to the celestial gods diflered from those 
offered to the infernal deities in several particulars. The victims 
sacrificed to the former were white, brought chiefly firom the 
river Clitumnus, in the country of the Falisci ;'" their neck was 
bent upwards " the knife was applied from above ," and the blood 
was sprinkled on the altar, or caught in cups. The victims 
affevA to the infernal gods were black ; they were killed with 
their faces bent downwards," the knife was applied from below,^* 
and the blood was poured into a ditch. 

Those who sacnficed to the celestial gods were clothed in 
white, bathed the whole body, made libations by heaving the 
liquor out of the cup," and prayed with the palms of their hands 
raised to heaven. Those who sacrificed to the infernal gods 
were clothed in black ; only sprinkled their body with water, 
made libations by turning the hand," and threw the cup into the 
fire, prayed with their palms turned downwards, and striking 
the ground with their feet.^' 

Sacrifices were of different kinds ; some were stated.'' othera 
occasional \^ as, those called expiatory, for averting bad omens^* 
making atonement for a crime,^ and the like. 

1 tdolabantor t«I era* U ecten mMtit,— tka Jur. zli. 13. Virg G. 17 S«rT. VIrg. JCa. vL 

■abantur. MCriiSea had iia omi ii- 14«. 244. Cic. Taac^ Q. ii. 

S ^oaaS ponigl,y«lpofw aliara: the rett la for 11 aarann rcAcctelMtav. 35. 

lo Jad. tba tabl*, Ot. If at.xU. IS inpnwbatur. 18 ataU M aalaaaia. 

t earn aria rel flanmia 154. 18 proMa. 19 tiortatta at tt aock 

iaapoaareatar, Virg. 8 Lir. TiiL 2%. znia. U aapBMabctajr. dmato nata. 

Xn, ri. ton. all. SI4. 46. xli. SB. Cic. Off. iL 15 faadhwda nasu aa- 80 ad partonla rA »> 

4lb.T.T74. ie.SaeLCM.S8. nna. digia praearaad^ a- 

5 Cle. Att. r. 18. 9 Scrv Vlrg. iKa. 1. it iDTargeado, iu itt pimlaatavartaiBd&ral 

• apataa aMrifieUlM. Sll. iii. e& vU 158. auwa la alabtnn par- avanvaoanda. 

7 aacra Inlara auam Saet. Vlt. IS. tan Tcraa patara eoa- SI aaoHtaia ptacalaiK 

(pBrlaa)i para aat da- 18 0v« Ftat W. 8 41. vartaialar. ad ariaMa aapte^* 

1^ th« Rocnuw—B; 
!•« of Ronialua (which Dion7nuj ~"~ 

infernal godi, and tbaretrm any one mii^ht liny them with im- 
punity. In after time*, a oodiuJ, dictator, or prstnr, mi^t 
deTote not only himMlf, but any one of the legion,' and iTiiy 
him as an expiatory victim.* In the first »gm of the republic 
human aai^iliuei laem to hare been offered annually,' and it was 
not till the vear 657, that a decree of the senate nai made lo 
prohibit it. Mankind, says Pliny, are under inexpresiible 
obligationa to the Komans for BbDlishing so horrid n practice.' 
We read, howeter, of tuo men who were lUin ta victims with 
the usual solemnities in the Campus Martius by tlie pontifices 
and flamon of Mars, as late as the time of Julios Cnear, A. i;. 
Toa Whence it is lupposad that the decree of the senate men- 
lioned by Pliny reepected only priTate and magical sarred rites, 
and those alluded U>, Herat Kpod. 5. Augustus, after he hnd 
compelled h, Antonius to a suireoder at I^rusia, ordered tOD 
■enatort and equites, who had lided with Antony, to be sacri- 
ficed as victinu on the altar of Julius Cniar, on ilie ides of 
Han:h, A. U. 713. Snetooius makes them only 300. To this 
MTBge action Seneca alludes, de Clem. i. 1 1, In like nmoner. 
Sea. Pompeius thr^ into the sea not only hones, but also oten 
alire.asTictimslo Neptune. Boys 
u*ed to be iTuelly put to death, 
eren in the lime of Cicero and 
Horace, for maf ical purposea* 
A place reared for olTering 
t tacri Reel was called lai or UTia^ 

nn altar.' In the phrase,- ^o 
I } oris el foeii, ah* is pot for the 

attar in the impluvivm or middle 
of the house, where the Penalei 
were worshipped ; and locui, for 
the hearth in tlie alrium or hall, 
where the Lare$ were worship- 
, ped. A secret place in the temple, 

where none but priests entered, 

. was called ini-nni, uni»ersally 

' rerered.' 


flU Hoaur *«ni)DitiM. 

Allan used to btt oorand Kith leavM and gnm, ckIM t^ 
■ut, L a> herbataoa,' adorned with flowen, niid bound with 
woollen filial*, dwrefora called nexm torqua, L e. corona? 

Altan and lenplet afforded «a asyluia or place of nfo^ 
ftBong the Greeks and Romany aa amuo^ the Jewi,' chiefly to 
■laTea fiom the cruelty of their master*, lo insolvent debtwe 
and criminals, wher* it was i«ckoned iupious b> toudi then,* 
and whence it wb» unlawful to dug them, but sometimes they 
put fire and conbusUble materials around the place, that the 
person might appear to be foroed sway, not by men, but by a 
god (Vulcan), or shut up the temple and unroofed it,' that he 
mig^ periih under the open air, lience ara a put for refiufotm,'' 

The triumviri consecrated a chapel to ClcsBr in the forum, 
on the place where he was burned ; and ordained that no person 
who fled thither for sanctuary should be taken from thence to 
punishment ; a thing which, says Dio, liad been gnmtei to no 
one before, not even to any diiinity; except the asyloia of 
Homulus, which remained only in name, being so blocked up 
that no one could enter iL But the shrine of Julius was not 
always esteemed inriolable; the son of Antony was slain by 
Aiuniitus, although he fled to it.' 

There were various vessels and initruments used in sacrifices; 
aa, acerra rel t/iunbuium, a censer for burning incense ; rimpu- 
ban rel Mimpttvittm, giutum, eapu, -idu, patara, cups used in 
libation^ oUm, pots; tripoda, tripods; lecura vet bipamtt, 
axes ; cii&ri vel mceipita, knives, &a But these will be better 
undeiMood by the representatioa below than by description : — 



RovuLus u mid to have divided the year into ten oionUia ; the 
iint of wbidi was called Martius, Maich, from Mars his sup- 
posed father; Uie second Aprilu, either from the GrMs name 
of Venoa (A^^/rn),^ or because then trees and flowers open ' 
their bnds ; the thiid, Maha, May^ from if oio, the mother of 
Mercury ; and the fourth, Jwuus, June, from the coddess Juno, 
or in honour of the young ; ' and May of the om.* The rest 
were named from their number, Qumtilis, SextiliSf September^ 
October^ Not>ember, December. QuintUiM was afterwards called 
Jvlws, deom Julius Ccesar, and Sextilu Augustus, from Aurotus 
Cesar ; because in it he had iirst been made oonsul, and had 
obtained remarkable rictories,* in particular, he had become 
master of Alexandria in £ffypt, A* (J. 794, and fifteen years 
after/ on the same day, probably the d9th of August, had van- 
quished the Rhsti, by means of Tiberius. Other emperon 
gave their names to particular months^ but these were forgotten 
after their death.' 

Numa added two months, called JanuariuSy from Jaams; 
and Februarius, because then the people were purified,^ by an 
expiatory sacrifice,' from the sins of the whole year ; for this 
anciently was the last month in the year.'^ 

Numa, in imitation of the GrecJcs, divided the yesr into 
twelve months, according to the course of the moon, consisting 
in all of 35i days; he added one day morOy to make the num- 
ber oddy which was thought the more fortunate. But as ten days, 
five houra^ forty-nine minutes, (or rather forty-eight minutes, 
fifty-eeven seconds), were wanting to make the lunar year cor- 
respond to the course of the sun, he appointed that every other 
year an extraordioary month called mensis intercaktriSf or 
•Afaoe££o9naf<,sbould be inserted between the 23d and 34th day ci 
February.^^ The intercalating of this month was left to the 
discretion " of the pontifices; who, by inserting more or feirer 
^ys, used to make the current year longer or shorter, as was 
BBOst convenient for themselves or their friends ; for instance, 
that a magistrate might sooner or later resign his ofiice, or con- 
^>*€tors lor the revenue might have longer or shorter time to 
^Uect the taxes. In consequence of this licence, the months 
were transposed from their stated seasons ; the winter months 
^'n'ied bade into autumn, and the autumnal into summer.'^ 

'^v* F' L 89. Iti.75. 5 Ik U 41. SmL SI. • ftbnialU. 13 Cle. Uc.iLlS.rui. 

^ H«r. 01. It. h. ]Xa. Iv. 6. 10 Cie. hagA, IL 81. tU. S. U. vlik 0. AUt. 

iv! ^^ n«L Jta. 6 laitre tortloL Or. P. li. & TibmO, 9. IS. vi. 1. z. IJ.SmI. 

■ ( ^-<v*V. 7 Hor.Od. It. 4. Soet. UL l.S. Cm. 40. DHa. sL flC 

?S^ X>ML ^' n».Vun.6i. II PIlik nxh. 7. Ur, Cvmotib.S*. MMrak 

' ■■■'•^ Ot. r. r. 8 rabnabatv, L •. pww I. M «>«t. i. )3. 

U ubitrio. 

So6 ROVAN ArrnguiTifis. 

Julius Cffitar, when he became master of the state, resolred 
to put an end to this disorder, by abolishing the source of it, 
the use of the intercalations ; and for that purpose, A. U. 707, 
adjusted the year according to the course of the sun, and 
assigned to each month the number of days which they sUll 
contain. To make matters proceed regularly, from -the 1st 
of the ensuing January, he inserted in the current year, besides 
the intercalary month of twenty-three days, which fell into it of 
course, two extraordinary months between November and 
December, the one of thirty-three, and the other of thirty-four 
days ; so that this year, which was called the last year of confu- 
sion, consisted of sixteen months, or 445 days.^ 

All this was effected by the care and skill of Sosigenes, a 
celebrated astronomer of Alexandria, whom Caesar had brought 
to Rome for that purpose ; and a new calendar was formed 
Irom his arrangement by Flarius, a scribe, digested according 
to the order of the Roman festivals, and the old manuer of 
computing the days by kalends, nones, and ides; which was 
published and authorized by the dictator's edict 

This is the famous julian or solar year, which continues 
in use to this day in all Christian countries; without any other 
variation, than that of the old and nc.v style; which was oo 
casioned by a regulation of pope Gregory, A. D. 1 589, who 
observing that the vernal equinox, which at the time of the 
council of Nice, A. D. 335, had been on the 31st of March, 
then happened on the 10th, by the advice of astronomers, 
caused ten days to be entirely sunk and thrown out of the 
current year, between the 4th and 15th of October; and to 
make the civil year for the future to agree with the real one, 
or with the annual revolution of the earth round the sun ; or, 
* as it was then expressed, with the annual motion of the sun 
round the ecliptic, which is completed in 365 days, five hours, 
forty-nine minutes, he ordained, that every lOOth year should 
not be leap year ; excepting the 400th ; so that the difference 
will hardly amount to a day in 7000 years, or, according to a 
more accurate computation of the length of the year, to a day \ii 
6300 years. 

This alteration of the style was immediately adopted in all 
the Roman Catholic countries ; but not in Britain tul the year 
1753, when eleven days were dropped between the 2d and 14th 
Sentember, so that that month contained only nineteen days ; 
ana thenceforth the new style was adopted as it had been before 
in the other countries of Europe. The same year also another 
alteration was nuide in England, that the legal year, which be- 
fore had begun the S5th of March, should begin upon the 1st ot 
January, which first took place 1st January, 1752. 

I Swi. Cm. 40. PUa. sriii. SB. MMrab. Sal. i. 14. (Va*. i» Dia Nat. W. 


The Bomant divided their months into three parts by kalend% 
nones, and idea. The first day was called kalbi ojt rei ctdendm} 
from a priest calling out to the people that it was new moon , 
the fifth day, nona, the nones ; Uie thirteenth, lous, the ides^ 
from the obsolete verb iduare, to divide; beoiuse the ides 
divided the month. The nones were so called, because counting 
inclusively, they were nine davs from the ides. 

In March, May, July, and October, the nones fell on the 
seventh, and the ides on the fifteenth. The first dav of the In- 
tercalary month was called calksdx intkbcalares, of the former 
of those inserted by Caesar, kal, iiitkbcai.a]ibs priorbs. Intra 
uplimascalenilas, in seven months. Sext€B haiendm^ i e. kaknim 
9exH meruit, the first day of June.* 

Caesar was led to this method of regulating the year by ob- 
lervin^ the manner of computing time among the l%yptians ; 
who divided the year into twelve months, each consisting of 
thirty days, and added Rye intercalary days at the end of the 
year, and every fourth year six days.^ These supernumerary 
days Caesar disposed of among thoee months which now consist 
of thirty-one days, and also the two days which he took from 
February ; having adjusted the year so exactly to the coune of 
the sun, says Dio, that the insertion of one intercalary day in 
1461 years would make up the difference,* which, however, was 
found to be ten days less than the truth. Another difierence 
between the Egyptian and Julian year was, that the former be- 
gan with September and the latter with January. 

The ancient Romans did not divide their time into weeks, aa 
we do, in imitation of the Jews. The country people came to 
Rome every ninth day,* whence these days were called HVNoiNAt 
quasi novbndina, having seven intermediate days for workings 
but there seems to have been no word to denote this space of 
time. The time, indeed, between the promulgation and passing ^ 
of a law was called trinum nundinum, or nuinmDimjM ; * but this 
■night include from seventeen to thirty days, according to the 
time when the table containing the business to be determined ' 
was hung up, and the Comitia were held. The classics never 
put fuaidinum by itself for a space of time. Under the later 
«mperors, indeed, it was used to denote the time that the consuls 
remained in office, which then probably was two months," so 
that there were twelve consuls each year ; hence nundinum is 
^0 put for the two consuls themselves.' 

The custom of dividing time into weeks '° was introduced under 
tbe emperors. Dio, who flourished under Severus. says, it first 

.a ultMio Ttl vDcaji- S Haradot. U. 4. PhiL t. a. Fan. stL 13. Vop. Tm. 9. 

^. 4Dio.Blin.«. 7 UbaUpromalgBtionit. 10 tMUomdw, T. 

^- ^vL Ml. Cie. « Me p. 71. 8 L«in|irM. la Aln. t«1i ' 

9™trS». Vaa. yi. 14. 6 LIv. iii. U. Maenb. Sctw. W. 43. 

^"^i^lM.C l.lCCi&0BiB.l«,17. 9wll«giBm eoMolaa. 




look plaM a little before his time, being derived from Uie 
Egyptian*; and uniTenaliy premled. The days of tlie week 
weie named from the planets, as they still are; dies Soiis, 
Sunday; Lunm, Monday; MariiSf Tuesday; Metcurii^ Wed- 
nesday ; JooUy Thursday ; Feneri$, Friday ; Satwni^ Saturday* 
The Romans, in markiuff the days of the month, counted 
backwards. Thus, they called the hist day of December pridU 
kalendas, sc ante, or pridie kalendarum JanuarH, marked 
shortly, prid. kaL Jan, the day before that, or the dOth of 
Ueoember, tertio kal, Jan, sc. die ante, or €tnie diem tertitim 
kaL Jan,, and so through the whole year : thus, 




April, JaDe, 
Sept Horember. 

JmL AOflMt, 


March, May, 
Jnlff Oct. 















Prid. Noo. 




Prid. NoQ 





Prid. Non. 


Prid. Non. 




















Prid. Id. 




Prid. Id. 





Prid. Id. 


Prid. Id 































































Prid. Kal. 
mens. acq. 





Prid. Kal. 


Prid. Kal. 


Prid. KaL 

mens. seq. 

mens. seq. 


tLOMAfl TBAX. 969 

In leap year, that in, when Februaiy baa ttrenty^miie days, 
idiich happens every fourth year, both the 34th and S5th days 
of that month were marked texto kalendi9 Martii or MariioM; 
and hence this year is called biiskxtilis. 

The names of all the months are used as substantires or ad- 
jectiveSy except ApriltM, which is used only as a substantive.^ 

The Greeks had no calends in their way«of reckoninff, bat 
ciUed the first day of the month wovfAwna^ or new moon ; hence 
ad Grescas kalendoM solvere, for fomquam* 

The day amonf the Romans was either civil or natnral. 

The civil day ' was from midnight to midnight. The parts 
of which were, 1. media nox; 9. media noctie indinatio, vel 
de media nocie; 3. geUlidnium, cock-crow, or cock-crowing^ 
the time when the cocks begin to crow ; 4. eontidniumy when 
they give over crowing ; 5. diiuadttm, the dawn ; 6. mane, the 
morning ; 7. antemeridiamtm tempue, the forenoon ; 8. meridiee, 
noon, or mid-day ; 9. tempus pomeridianum, vel meridiei ineUnO' 
Uo, afternoon ; 10. eolie ocoQWtts,sunset ; II. veeperti, the evening ; 
13. cretmecuban, the twilight ;* 13. prima fax, when candles were 
lighten, called also prima tenedra, prima lumina; 14. concMa 
nox, vel ccneMum, bedtime ; 15. itUempesta nax, or eilentittm 
noctie, far on in the night ; 16. inclinatio ad mediam noetem.^ 

The natural day* was from the rising to the setting of the 
sun. It was divided into twelve hours, whiph were of a difllerent 
lei^th at different seasons : hence hora hibema for brevieeimaJ 

The night was divided ^into four watches,* each consisting of 
three hours, which were likewise of a dilierent length at different 
times of the year : thus, hora eexta noctie, midnight ; eeptima, 
one oVock in the morning ; ociava, two, &c.* 

Before the use of dials *^ was known at Rome, there was no 
division of the day into hours ; nor does that word occur in the 
Twelve Tables. They only mention sunrising and sunsetting, 
before and after mid-day. According to li'luiy, mid- day was 
not added till some years after," an acceneue of the consuls being 
appointed to call out tfiat time,^ when he saw the sun from the 
senate-house, between the rostra and the place called orjbcosta- 
sis, where ambassadors from Greece and other foreign countries 
nsed to stand.** 

Anaximander or Anaximenes of Miletus, is said to have in- 
vented dials at Lacediemon in the time of Cyrus the Great. 
The first dial is said to have been set up at Rome by L. Papi- 
rius Cursor, A. U. 447, and the next near the rostra, by M. 

1 ApriBaia Bbo Mcd u 4 dnbian taaps, me- 6 d1«i utinlii. Mbtarica. 

•■•OMtiTe. Ur. nr. tia in dlei lit: Mm 7 PiMt. PMikI. r. %. 11. 11 vli. 60. Ce 

l-Thiiihettkentbw daUa rat cnauru 8 rlgiik wibb, mcub- IS mmbm ec 

.IttsovHUNriMd. 4kti^V»rr.UL.Ti.4. ds. fre. oronaneianto. 

I ftKL Aw. 87. » LiT. MT. 9^ CeMor. 9 PliiL Bp iil.4. 18 Piin. ib. Varr. h. L. 

I dtaa civilia. Die Nai. c. S4. Uw. 10 koraiD«-' aoiaria vel Cic g. Fr. ii. i. 


970 ROHAV AMngutiin. 

ValeriH M«bMla tlM oonsiil, who bxouglit it frmn Catana in 
Sicily, in the first Punic war, A« U. 461 : hence ad ioUtriwM 
veriarij for in fortk Scipio Nasioa firat meaaiired time by 
water, or by a clepsydra^ which lOrTed by night aa well aa by 
day, A. U. 596.^ The use of docks and watches was unknown 
to the Romans. 


Days among the Romans were either dedicated to religious 
purposes,' or assigned to ordinary business.' There were some 
partly the one, and partlv the otlrar/ half holidays. 

On the diufeiti sacrifices were performed, feasts and games 
were celebrated, or there was at least a osasation from business. 
The days on which there was a cessation ftom bnainess were 
called FUUA, holidays,* and were either public or private^ 

Public yMa or festiTals were either stated,* or annually fixed 
on a certain day by the magistrates^ or priesta,' or occasionally 
appointed by order of the consul, the praetor, or pontifez maxi- 
mus.' The stated festivals were chiefly the following : 

1. In January, AeoMALiA, in honour of Janus, on the 9th,' and 
also of the SOth of May ; oabmbmtalea, in honour of Garments^ 
the mother of Evander, on the 1 Ith.^' But tfiis waa a half holi- 
day ; " for after mid-day it was diet projeahts, a common woric- 
day. On the ISth,'^ a wether " was sacrificed to Jupiter. On 
this day the name of AoensTus was ce nfe ited on Gassar Octavi- 
anus.*^ On the first day of this month people used to wish one 
another health and prosperity,^ and to send presents to their 
friends." Most of the nuupstrates entered on their ofiioe, and 
artists thought it kidcy to begin any work they had to perform.^^ 

2. In February, faunalia, to the cod Faunus, on the 13th ;" 
LuPBBCALiA, to Lycsean Pan, on the 16th ;^ gcmnrALiA, to 
Romulus, on the 17th; vbbai.ia,'' to the dii Manet, on the 
3lst (Orid says the I7th). and sometimes continued for several 
days ; after which friends and relations kept a feast of peace 
and love ^ for settling diffsrences and quarrels among one ano- 
ther, if any such exiiZed; " tioimuialia, to Terminus ; aseiru- 
oiuM, vel regis fuga, in commemoration of the flight of king 
Tarquin, on the 24th; ■qvuua, horse-racea in the Campus 
Martius, in honour of Mars, on the 37th. 

3. In March, matbonalia, celebrated by the matrons for 

1 wmp, 201. PUa. iL n. 1. 4S. mous, -arto. 19 xr. k«L Mart. 

Tti. ». Q«1L M PlaMl. « tUta. 14 Ct. F. t. 808. MO. M Mod taa miIm ad 

Ml S. Cic Qaiat, 1& 7 eooMptiTa. 15 enaia laula, PUa. aMBlabra aaiMna 

adiMfMti. S laperaUrw. firahaal, wl mmdm 

$ din vnhtL 9 t. Id. Or. ¥. I. nS. 1« m* p. 48. feriabant, Vm£ 

4 din tatereiil, I. a. as It III. Id. Or. ilk 4dl. 17 oaaraaaapiaabaatw, 81 akariitM. 

partafMU.«tR paila 11 lalatvina. S«u Bp.8».0v.M«<t. 88 Val. Mas. IL Lt 

tnML MIdibas. iiaMiai. Or. Faat. b. ftl. 

fcvKMi. u idltas. aaaBtm. 

f Ok La«|. iL 8. niv. IS vanm vel ovb M- lildibu. 


fBriou maoBB, but chiefly in mtmarj of the- war tefmioaled 
belweeii Uie Romans and Sabines, on the fint day ; when pre- 
WDtB used (o be giren by hasbandfl to their wiTes;' fettam 
AiiciLioRUM, on the same day, and the three following, when the 
shields of Mars were carried throogh the city by the SalU, who 
used then to be entertained with siimptuons feasts; whence 
taUures dapet rel conks, for lautm^ opiparm, opuienta^ splendid 
banquets;' libsbalia, to Bacchus, on the 18th,' when yoong 
men used to pat on the toga wriHf, or manly gown ; gvinguA- 
TBU8, -won, Tel qumguatria^ in honour of Minerva, on the )9th, 
it fint only for one day, but afterwards for five; whence they 
got their name.* At this time boys brought presents to their 
masters, called Mwervalia, On the last day of this festival^ 
and also on the Sdd May, * the trumpets used in sacred rites 
were purified' by sacrificing a lamb ; hence it was called tubi- 
LusTRnjH, vel -ia;^ bilabia, in honour of the mother of the 
gods, on the 25th. 

i. In April, meoalbsia, or Meyalenses, lo the flTMt mother of 
the gods, on the 4th or 5tli ; cbrbalia, or btdi CeredUs^ to 
Gerei^ on the 9th; FOBnicmiA, on the 16th, when pregnant 
cows were sacrificed ; ' palilia vel Parilia, to Pales, the 21sL' 
On this day Caesar appointed Ciroensian games to be annually 
celebrated ever after, because the news of his last victory over 
Labienus and the sons of Pompey at Munda in Spain had 
reached Rome the evening before this festival ; ^ bobioalia, to 
Hobigus," that he would preserve the com from mildew,^ on 
the 25th ; vlobaua, to Flora or Chloris," beffun on the SSth, 
and continued to the end of the month, attended with great in- 
decency, which is said to have been Once checked by the pre- 
aenoe of Gato.^* 

5. In May, on the kalends, were performed the sacred rites 
of the Bona Dea, by the Vestal virgins, and by women only,^* 
in the house of the consuls and praetors, for the safety of the 
people.'' On this day also an altar was erected,'^ and a sacrifice 
offined to the Lares called Profiiies ; " on the 3d, cohpitama, 
to the Lares in the public ways, at which time boys are said 
andenUv to have been sacrificed to Mania, the mother of the 
Lares : but this cruel custom was abolished by Junius Brutus ;^ 
on the 9th, i.bmubia, to the Lemurea^ hobgoblins, or spectres in 
the dark, which were believed to be the mis of their deceased 
friends.^ Sacred rites were performed to them for three nighti^ 

^ Or. F. m. 179. PUal. 7 Or. P. iU. 409. r.7tf . 18 a nbiglncb nmlbiMitiir, Jav. tL 

M1LUi.ig7.Tftal.iU. 8 fiirda bevm, I. •. !»• IS ut omnw beaa dafle- 8W. 

1.9wuynp.l9. Tida, am in rcatra meamt, shvd Ihcir 16 0(o.SBvB.S5.4i. 

%Hor.Od.l.37.S. flHiuit,Or.F.Hr.»k6IC. blMBomi,PUii.xTiiija. 17 eootilnU. 

f z«. Iwi. Apr. 9 w« p. 1. H S«. Kp. 97. Mart. 18 qood omato tut* 

« Or. p. iU. ilO, 0*0. 10 Die. sliiL 48. i. 8. ft praf. VaL Max. pmcttat, Ot. P. r. 

."• ^' 11 or retber to Rabin, IL 10. & LmL i. 80. 10. 183. 

1 ?V**^ '"^ a goddeu. Or. W. lir. SdieUaaC Jot. tU 8l9. 19 Macrob. Sat i. 7. 

• hnintaatBr. 911. 15 oua mm aaaoaJHa » omm palani. 


979 BQMAN AllTigUITlBS. 

not suocessirely, but alternately, for lix days;* on the ISth, or 
the ides, the images of thirty men made of rushes,' called 
Argei, were thrown from the Sublician bridge by the Vestal 
TirginSy attended by the magistrates and priests, in place <if 
that number of old men, which used anciently to be thrown 
from the same bridge into the Tiber ; ^ on the same day was 
the festival of merdiants,* when they offered up prayers and 
sacred rites to Mercury ; on the 23d,' tulcakalia, to Vulcan, 
called tubilustria, because then the sacred trumpets were 

6. In June, on the kalends, were the festivals of the goddess 
CABNA,' of MARS extramurctneiu, whose temple was without the 
porta Capena, and of Jimo ffioneta; on the 4th, of bkllona ; on 
the 7th, huU piscatorii; the 9th, ykstalia, to Vesta; lOtb, 
matbalia, to mother Matuta, &c With the festivals of June, 
the six books of Grid, called Faeti^ end ; the other six are lost 

7. In July, on the kalends, people removed^ from hired 
lodfinffs ; the 4th, the festival of female Fortune, in memory 
of Corioliinus withdrawing his army from the city ; on the 5th, 
LUDi APOLLiNARBs ; ' the llth, the birthday of Julius Giesar; the 
15th, or ides, the procession of the equites;^ the 16th, dibb 
ALLiKNsis, on which the JElomans were defeated by the Gauls ;^^ 
the 23d, NEPTim ALIA* 

8. In August, on the 13th or ides^ the festival of Diana ; 
1 9th, viNALXA, when a libation of new wine was made to Jupiter 
and Venus; 1 8th, consualia, games in honour of Census the 
god of counsel, or of equestrian Neptune, at which the Sabine 
women were carried off by the Romans ; the 23d, vui.caiiai.ia." 

9. In September, on the 4th," htdi magbi or bomaki, in 
honour of the great gods, Jupiter, Juno, and Minerva, for the 
safety of the city; on the 13th, the consul or dictator*^ used 
anciently to fix a nail in the temple of Jupiter; the 30th, 
MBDiTBiNALU, to Meditrliui, the goddess of curing or healing,*^ 
when they first drank new wine. 

10. In October, on the 13th, AVGusTALiA^vel bidi Augnsiale* ; 
the 13th, faunalia; the 15th, or ides, a horse was sacrifioed, 
called eqtttu Octobris v. -ber, because Troy was supposed to 
have been taken in this month by means of a horse. The tail 
was brought with great speed to the regia or house of the 
pontifex maximus, tnat its blood might drop on the hearth.^ 

1 1. In November, on the 13th, there was a sacred feast called 
epulum Jovit ; on the 27th, sacred rites were performed on 

1 OT.F.T.4SS.49S. 6 s. kaLJwi. ii aniibs(!LS.SMt. iH.5. Lir.LS. 

S tlMilaera teirpM wU 6 lb. 125. Tib. SB. IS prid. mm. 

ronia. 7 que TiUlibu hania- 10 ■•• b. 2S. H pmtor maiiana, 

8 PmQu ia D^poaianu nit p-aerat. 11 dim at»r etfiuMstat, hW. r\\. S. 

Var. L. L. vii. 8. Or. 8 commiKrabnt. Cic Att. U. ft. Sort » nrnhmli. 

r.v.m. 9 Ltr. «; 40. ur. IS. Vii.t. 16 Fes4.T«cABa.Ll» 

4 CntBM ntrMlonia. larU. 83. Ck. {l. Fr«t. 12 IMin. xffiii. 89. Efw 


Acoouufc of two Greeks and two Gauls, a man and wotaan of 
each, who were buried alire in the ox-markeL^ 

19. In December, on the 5th or nones, FAimA&u; on the 
]7th,' 84TURif ALIA, the feasts of Saturn, the most oelebrated of 
the whole year, when all orders were devoted to mirth and 
feasting, friends sent presents to one another, and masters treat- 
ed their slaves upon an equal footing, at first for one day, after* 
wards for three, and, by the order of Caligula and Claudius,' 
for ^Y^ days. Two days were added, called sioularia,* from 
small images, which then used to be sent as presents, especially 
by parents to their children; on the 23d, laukkhtinalia, in 
honour of Laurentia Acca, the wiA of Faustulus, and nurse of 

The FsaLi concbptivjb, which were annually appointed * by 
the magistrates on a certain day, were — 

1. raaiiS LATiHiB, the Latin holidays, first appointed by Tar- 
quin for one day. After the expulsion of the kings they were 
ooDtinued for two, then for three, and at last for four days.' 
The consuls always celebrated the Latin feria before they set 
out to their provinces ; and if they had not been rightly per- 
formed, or if any thing had been omitted, it was necessary that 
they should be again repeated.^ 

S. Paoan ALIA, celebrated in the Tillages ' to the tutelary gods 
of the rustic tribes. >** 

3. SmiHif TiTA, in seed-time, for a good crop.^ 

4^ CoMpiTALu, to the Lares, in places wnere several ways 

FaaiA nnnuTiTiB were holidays appointed occasionally ; as|, 
when it was said to have rained stones, sacrum novkndialb vel 
ftruB per novem dU*, for nine days^ for expiating other pro* 
tUgies,*^ on account of a victory, &C., to which may be added 
jusTiTixm ,'* a cessation firom business on account of some public 
calamity, 'as a dangerous war, the death of an emperor, &c.^' 


Ferim were privately observed by families and individuals 
on account of birthdays, prodigies, &c. The birthday of the 
emperors was celebrated with sacrifices and various games, as 
that of Augustus the 33d September. The games then cele- 
brated were called avgustalia," ss well as those on the ISth of 
October," in oommemoiution of his return to Rome, which Dio 
says continued to be oUerved in his time, under Severust" 

1 Llv.nii.S7.Pliit.Q- 1. 9 in pagh. b. 7. «. 4. ffl. !••. 

8S. ft HafwUe. Flu. 4 • ilsillit. 10 tat ^ 67. Ann. tl 88. 

nrW. S. ■. S. « HMSrob. lb. Vwr. L. II Virr. lb. 16 m p. MA 

SsvLkaLJan. I* v. I. U In OQapiUs. 17 Dto. 111. 8- V». 9k 

SOlo Ss. «. Is. 29. 6«NKiaiihuitorT«Ila- 18 LIv. u 81. UL b. Kt. 89. 

Snat. Ang. 78. V««t. dkibanter. ssxt. 40. sHU 8. H »»• W <W|*._ . . 

it. ClMd. IT. Umb. 7 M* p. 8|U I4t. L 8S. 14 cam Jnra atanU 19 D'o. liv. lO. 84. In. 

Sik tt 10. StM. SUt. Ti4a. i» LIT. lit 3.87. iT.Sl 4ik 

kr. 9L Ut. li. a. i^L 8 InUaiari, Uv. pus. 81. Ti.S. 7. tIL •• SB. 


Din FBOFBtn were either faMi or nefatit, &c.* NundhuB^ 
quasi novencUtuB* market-days^ which happened every nintb 
day : when they fell on the first day of the year, it was reckoned 
unlucky, and therefore Augustus, who was very superstitiottSy 
used to insert a day in the foregoing year, to prevent it, which 
day was taken away from the subsequent year, that the tioie 
might agree with the arrangement of 'Julius Caesar; ' pa^BLiARKs, 
fighting days, and non praUares ; as the days after the kalends^ 
nones, and ides ; for they believed there was something unlucky 
in the word post, after, and therefore they were called dies 
religiasi, atri, vel infautH^ as those days were, on which any re- 
markable disaster liad happened ; as di€S AUienns, &c* The 
ides of March, or the I5th, was called parricidium ; because on 
that day Caesar, who had been called pater patrlb, was slain in 
the senate-house.^ 

As most of the year was taken up with sacrifices and holidays 
to the great loss of the public, Cbudius abridged their number.* 


Games among the ancient Romans constituted a part of religious 
worship. Iney were of different kinds at different periods of 
the republic. At first they were always consecrated to some 
god ; and were either stated (ludi stati), the chief of which 
have been already enumerated among the Roman festivals ; or 
vowed by generals in war (votivi) ; or celebrated on extraordi- 
nary occasions (extraordinarii). 

At the end of every 1 10 years, games were celebrated for the 
safety of Uie empire, for three days and three nights, to Apollo 
and Diana, called iudi saculares.' But they were not regularly 
performed at those periods. 

The most famous games were those celebrated in the Circus 
Mazimus; hence called btdi CircenHs ; of which the chief 
were ^t Romani vel magtd} 


The Circus Maximus was first built by Tarquinius Priscus, 
and afterwards at different times ma^ifioently adorned. It lay 
betwixt the Palatine and Aventine hil]&, and was of an oblong 
drcular form, whence it had its name. The length of it was 
three ttadia (or furlongs) and a half, L e. 437} paces, or S187.V 
feet; the breadth little more than one, ttadium, with rows of 
seats all round, called ^ri or spectacula,' rising one above 

I tmf, B7t. Sftt. L 13L lu fiunt atotrnetam 7 •■• p- MY. 

S Mw p. 71. 4 Or. P. I, Ae. LW. vl. 1. et in Utri, latn eonvM- 8 Ur, U ». 

ii Dio. xl. 47. kItuL St. 5 Sa»U Cm. e». 8B. bob. Dio. xlvIU 19. 9 L c. MdiUa wte 

SimC ADg.a.Mi«rob. MMkv*. b qM cm* 6Dio.lJE.17. •pactuvnt. 

ROMAll OAMBS. 975 

another, the loweit of stone, and the hi^i^hest of wood, where 
■e|Minite places were allotted to each curia, and also to the sena- 
tors and to the eanites ; bat these last under the repoblic sat 
promisciioasly with the rest of the people.^ It is saia to hare 
contained at least 150,000 persons, or, according to others, 
above doable that number; according to Pliny, 250,000.* Some 
modems say, 380,000. Its circumference was a mile. It was 
surrounded with a ditch or canal, called Euriptu, ten feet 
broad, and ten feet deep ; and with porticoes three stories high,' 
both the work of Julius CsBsar. In different parts there were 
proper places for the people to go in and out without dis- 
torbanoe. On one end there were several openings,* from 
which the horses and chariots started,' called CAacaaas vel re-* 
pafftda^ and sometimes career^ first built A. U. 425J Before 
the careeres stood two small statues of Mercury," holding a chain 
or rope to keep in the horses,' in place of which there seems 
sometimes to have been a white line,''* or a cross furrow fiUed f 
with chalk or lime, at which the horses were made to stand in - 
a straight row," by persons called voaATORBs, mentioned in 
some ancient inscriptions. But this line, called also cbbta or 
CALX, seems to hare been drawn chiefly to mark the end of the 
course, or limit of victory," to which Horace beautifully 
alludes, mors uUima linea rerum esty death is the end of all 
human miseries." 

On this end of the circus, which was in the form of a semi- 
circle, were three balconies, or open galleries, one in the mid- 
die, and one in each comer ; called maniaka, from one Maenius, 
who, when he sold his house adjoining to the forum, to Gato 
and Flaccus the censors, reserved to himself the right of one 
piUar, where he might build a projection, whence he and his 
posterity might view the shows of gladiators, which were then 
exhibited in the forum.^* 

In the middle of the circus, for almost the whole length of 
it, there was a brick wall, about twelve feet broad, and four feet 
high, called spina," at both the extremities of which there were 
three columns or pyramids on one base, called mbta, or goals, 
round which the horses and diariots turned,"* so that they 
always had the spina and inetc on their left hand, contrary to 
the manner of running among us. Whence a carceribw ad 
wietam vel calcem, from the beginning to the end." 

In the middle of the spina, Augustus erected an obelisk, 133 

1 iWB^e. naa aaglitnUn tic- II frgnflbu avuten- 15 SehoL Jwr. ri. S67 

t DioBf. n. OL Plln. BiuB bIicwm, Vwr. U tor, lb. GBMied. Rp. Ui. 01. 

xsctLU. •.»!. Uir. tt. IS ad rteterin iiotain« 18 Scctobut. 

f «rM. «r«rnM. 7 Lir. tUL BB. Plia. Bur. 17. ■. H. 17 Or. Aa. ii 6a. Lm 

4 ortbk S H«ra>a I«ld. xtiIL 37. viiL «00. Gic Ab. W. 

» anilMMtar. • Cu«ioder. Vv. Ev. IS Bp. 1. 16. Ha. SmuB. 

C M«i rqiuM rocrc*- liL SI. 14 Am. Cb. S««t. Cd. 

a* tBlrti 

rtat, prtaa* U tSw Ami. 18. 


feet high, brought from Egypt ; and at a f mall diatanoe, ano- 
ther, 88 feet high. Near the first meta, whence the horsee aet 
off, (here were seren other pillarB, either of an oval form or 
having oval spheres on their top, called ota, which were raiaed, 
or rather taken down, to denote how many rounds the chario- 
teers had completed, one for each rotind ; for they naually ran 
seven times round the course. Above each of these ova waa 
engraved the figure of a dolphin. These pillars were called 
FALJi or PHAUB. Some think there were two different kinda ot 
pillars, one with the figure of an ovum on the top, which were 
erected at the meia prima; and another with the figiire of a 
dolphin, which stooa at the meta uUima, Juvenal joina them 
together, coiuulii ante falas delphinonanque cobmmas, consulta 
before the phalze and the pillars of the dolphins.^ They are 
said to have been first constructed, A. U. 721, by Agrippa, but 
ova ad metas {aL notas) cumculis mtmerandi$ are mentioned by 
Livy long before, A. 17. 677, as they are near 600 years after 
by Cassiodorus.' The figure of an egg was chosen in honour of 
Caator and Pollux,' and of a dolphin in honour of Neptune, also 
as being the swiftest of animals.^ 

Before the games began, the images of the gods were led 
along in procession on carriages and in frames,' or on men^s 
shoulders, with a great train of attendants, part on horseback, 
and part on foot Next followed the combatanta, dancers^ 
musicians, &c When the procession was over, the oonsuU and 
priests performed sacred rites." 

The shows' exhibited in the Circus Maximus were chiefly 
the following : — 

1. Chariot and horse-races, of which the Romans were ex- 
travagantly fond. 

The charioteers" were distributed into four parties' or fac- 
tions, from their different dress or livery; Jactio alba vel 
aibata, the white ; nugata, the red ; veneta, the sky-coloured or 
sea-coloured ; and prasina, the green faction ; to which Domi- 
tian added two, called the golden and purple (factio aurata et 
purpurea,) ^^ The spectators favoured one or the other colour, 
as humour or caprice inclined them. It was not the swiftness ot 
the horses, nor the art of the men, that attracted them; but 
merely the dress.^^ In the time of Justinian, no less than 30,000 
men are. said to have loat their lives at Constantinople in a 
tumult raised by contention among the partisana of these several 

The order in which the chariots or horses stood was deter- 

1 tollatenlv, Vv. U. tl. afomai pmridM. 6 DtoDj. tU. TSi panaai aaaat,— mv 

i. f 11. JBV. Ti. ASa. 4 TtttoL SpwUb 8. 7 ■dmUmU. tt h tka drevs l^ U 

* U^^^.'^P'.^'- ^'' rUa*IX'8> 8 akitoUrM r«l •wisiB. row; It U tk* dm* 

■B. S7. Oio. xUc M. S in tliMii* flt bmlb, 9 crtna. thkt captivstoB IbM. 

8 U mt mn, L «. Jon »amt. Jal. 9A. Ov. Am. I A S».*. IWai. 7. Rin. Ka. ix. «. 

i. «. Jof« Soat. Jal. 78. Or. km, 10 Swt. !>•■. 7. Plin. Kb. h. 8. 

hU. Cle. Nil. D. tii. iaAI4Xl0.Verr.>.72. 11 uua favMit ruwa. IS l>tae.ael. Pen. 

mined b]r lot; and tli« p«rson who presided at the games nre 
the aigDAl for startini^ by dropping » oflpkin or doth.' Then 
the cbain of the Rerniuli being wiUMlrawn, they sprang fonmrd, 
and whoever first ran aeven tiniei round the course wu TJctor* 
This tnu called one match,' for the matter waa almost sltvayt 
determined at one heat ; and uuially there were twenty-five of 
these in one day, ao that uhen there were four factions, and one 
of these darted at each time, lOO chariots ran in one day,* 
•ometimes maily more ; but then the horses commonly went 
odW five times round the conrae.' 

I The rictnr, beinf; pivclaimed by the voice of a herald, vin 

crowned, and received a prize in money of considerable value.' 

I Palms were first given to the victora at games, after the 

manner of the tireelu, and thoie who had received crowni for 
their bravery in war, fint ivore them at the games, A. U. 459.' 
Tko pdm-tree was chosen for this purpose, because it rises 
against a weight ploMd on it;' hence it is put for any token or 
prize of victory, or for victory itself.' Palma lemaUcata, a 

, palm crown with ribands," hanging down from ft ; huie eotuilio 

'^ pakiteit do, 1 value myself chiefly on aocount of this conlri- 

' 2> Conterta of agility and strength, of which there nere five 

Idndi ; ruiiaing,** leaping," boxing," wrestling," and throwing 

thfl diteuM or quoit' (repretenMd in the labjoined cut] ; benca 
citUed pentatUum* n\ -on, or eertamai athUtieiOH vel gsmui- 

cum, becauM they contended naked,' with nothing; on hut 

troitien or drawen/ whence aixHiiiDM, a place of ezerclM, or 

a fchooL This corering, which went fmpi the waiaC dominarda, 

and nipplied the pkue of 

a tuDic, vrai called CAnrai- 

TRB,* because it wai uied 

in the exercises of the 

Campus MaTtius, and those 

who used it, CampestratL 

So andently at the Ulym- 

pic games.* 

The athUtm were an- 
oiDted with a glutinous 
ointment called cruomii, 
by slaTM called aliptn ; 
Whence liquida falkbtri, 
uncfa FAL^sTiu, end wore 
a cosrae shag^ garment 
caUod EnoHOHia, -I'du,' 
uaed of finer stuff by h«- 
men, also by those nho 

C' r«d at that kind of 
d-ball,' called tkiooh 
or HiHPAsnrM. The com- 

tMtuto' t>«T« prSTionily tndixd in a pko* of «xMaM,' and 
restricted to • paiticulsr diet. In winter they wen azeraMkl 
to B GOTered place called itittii, Tel -un, •arroanded 
with a row of piilan, FaBJiTTLiuii.' Bat xyttum poenllv 
liguiBea a Halk ander the open air,' laid with mod or grare^ 
and planted with treei^ joinad to a gynouuiton.* 

Buxera corered their 
handi with a kind of 
gloTea,* whidi had UmI 
or ironMwed into them, 
to make the strokes fall 
with a greater weight, 
called C£BTua *«! tettu*.' 
The penons tbu* •!• 
eiriied were called 
palattrila, or xjfttiei; 
and he who exerde- 
ed them, cxRBciTAToa, 
magiiter vel doctor 
paitBttriaa, gymnati' 
anhtu, Tel -^t, xytlar- 
■__ ehu*. Tcl -u. From the 
; attention of Antony to 

Alexandria, be wai cal- 
led gj/mnamareha by AngBstui.' 

PuiXatBi yiu properly a adiool for wreatlinj^,' bat is pat filr 
any place of exercise, or the exercise it9«lf; hence pal^itram 
(fucere, to learn the exercise; uaclm dona palastra, exe>"'"~" 
Hiete gymnastic games " were Tery hurtful U> morals. 

The Mileljc games among the Greeks nere called iscli 
because the Ticton," drawn by white bones, and wearing 
croims on their heads; of olire, if riclon at the Olympic 
games ; " of laurel, at the Pythian ; parsley, at the Nemean ; 
and of pine, at the Isthmian ; were conducted with great pomp 
into their respective cities whi<^ they entered through a breach 
in the walU made for that purnose; intimating, as Plutarch 
obeerresi that a city which produced auch brsTe citizens had 
little occasion foe the defence of walla. They receired for life 
an anniial stipend " from tlie public." 

3. LoDus THOJA, a mock fight, performed by young noblo* 
' , reviTed by Julias Cfesar, and frequently 


celebrated by the-sacoeeding emperors,' described by Virgil, 
JRd. t. 661, &CL 

4. What wat called vbnatio, or the fighting of wild beasts 
with ODe another, or with men called desiiarii, who were either 
forced to this by way of puniahment, as the primitiTe Christians 
often were ; or fought voluntarily, eiUier irom a natural fero- 
city of disposition, or induced by hire.' An incredible number 
of ^animals of rarious kinds was brought from all quarters, for 
the entertainment of the people, and at an immense expense. 
They were kept in enclosures, called vivaria, till the day of 
exhibition. Pompey, in his second consulship, exhibited at 
once 500 lions, wno were all despatched in tave days; also 
eighteen elephants,' 

5. The representation of a horse and foot battle, and also of 
an encampment or a siege.* 

6. The representation of a sea-fight,* which was at first made 
in the Circus Maximus, butr afterwards oftener elsewhere. 
Augustus dug a lake near the Tiber for that purpose^ and Domi- 
tian built a naval theatre, which was called naumachia Dami- 
tiam. Those who fought were called naumachiariu They 
were usually composed of captives or condemned malefactors, 
who fought to death, unless saved by the clemency of the 

if any thing unlucky happened at the games, they were re- 
newed,' often more than' once. 


Thb shows ' of gladiators were properly called numerOf an'd the 
person that exhibited ' them, numerarius, vel -aiory editor^ et 
domimta; who, although in a private station, enjoyed, during 
the days of the exhibition, the ensigns of magistracy. Theyj 
seem to have taken their rise from tne custom of slaughtering 
captives at the tombs of those slain in battle to appease their 

Gladiators were first publicly exhibited " at Rome by two 
brothers called Bruti at the funeral of their father, A. U. 490,>^ 
and for some time they were exhibited only on such occasions ; 
but afterwards also by the magistrates, to entertain the people, 
chiefly at the Saturnalia and fioasts of Minerva. Incredible 
numbers of men were destroyed in this manner. After the 
triumph of Trajan over the Dacians, spectacles were exhibited 

1 Dio. UilU 83. xlriiL Vat. 17. 6 Sort. Aag.4& GUnd. B •debit. 

aOL IL 82. Sort. 19. 8 Cie. Kam. vuL S. 4. SI. Tib. ^ Dom. IL 10 Cw. Att. li 1«L itf. 

Aa«. 43. Tiik 6. Cd. 6. Dia xuix. 36. Plin. Dto. Ix. 33. TftC Ann. S. M, Virg. S». a. 

I8.Cland.SI.Nnr. 7. Tiii.7. lii. 6«. 918. 

t anelnmMnlo, Gic. 4 SuM. JaL 89. Clrad. 7 instanrnbaBtar, tta U dnti rant. 

TnM. Qomt. H. 17. ^ SI. Dom. 4. Iri. 87. la. 6. IS Lir. ltp.svl.Vak 

Faa. tIL U Off. ii. 18. S naaoMbia. 8 apNttonla. N«uii.i.r. 



for 193 days, in which 11,000 animab df differeni kinds were 
killed^ and 10,000 trladiators foucht ; whence we may judse of 
other instances The emperor Claudiiu, although nafauraUy of 
a gentle dttpositiony is said to have been rendered cruel by 
often attending^ the spectacles.^ 

Gladiators were kept and maintained in schools' by persona 
called LAMisTAy who purchased and trained them. The whole 
number under one lanista was called familia. They were 
plentifully fed on strong food; hence sa^ina gktdiaioria, the 
gladiator's mesa*' 

A lanista, when he instracted young gladiators^* delirered 
to them his lessons and rules * in writing, and then he was said 
commefUari, when he gare orer his employment^ a gladiis 

The ffladlatorsy when they were exercised, fenced with wooden 
swords.^ When a person was confuted by weak arguments, or 
easily oonricted, he was said, pbtmbeo gladio jngtUari, to have 
his throat cut with a sword of lead. Jugulo hunc tuo tibi 
gladio^ I foil him with his own weapons, I silence him with his 
own argumentSb O pbtmbeum pugianem ! feeble or incon- 
clusive reasoning ! ' 

Gladiators were at first composed of captiyes and slaves, or 
of condemned malefactors. Of these some were said to be ad 
gladvan damnati^ condemned to the sword, who were to be des- 
patched within a year: this, however, was prohibited by 
Augustus; ' and othersy ad ludum damnati, condemned to public 
exhibition, who might be liberatod after a certain time. But 
afterwards also freebom citisens, induced by hire or by inclina- 
tioOy fought on the arena, some even of noble birth, and what 
is still more wonderful, women of quality,^ and dwarfs.^^ 

Freemen who became gladiators for hire were said esss 
auctorati, and their hire, auctor amentum, or gktdiatorium, and 
an oath was administered to them : ^ uri, vinciri, verberari, tie- 

1 Dio. xlvilL 15. Is. 14. 
I failadb. 

9 Smt. JoL 88. Am. 
4S. Tae. HbL U. 88. 


9 dklatavtlMM. 

8 Sari. J«l. V. Jut. si. 

dL do. Or. UL U. Bm. 

Am. 40. 

7 raditaa bataebnt; 
wtenc* Intaalk, a bat- 
tta^Ocifc. SiMUCal. 

8 Cie. At L 16. riit. !▼. 
18. T«r. Adal. ▼. & »«. 
»At &r«t tlMf wen 
•serdflcd Makwi 

tukn fulMMd tt tiM 

cnMUkl|es«ic«i ad fa* 
Im); afiarwarda tllvr 
acaiaal aaao 

It waa tban 
that th«lr anatara <]«• 
aiaue)aocoanigad iheaa 
by ciriflg, adtolla, 
••da, dMltnaf pareata, 
area.— Vida da Hallo 

9 glai^loraa aiaa nia- 
Biona adi arobflrait, 
SatU Aag . 49. 

16 iur. it 48. rl. 8M. 
SaaUNar. l>.Doni.«. 
Tac. Aan. xr. SS. 

II aaal, Stat. Sflv. I. 
▼i. 97.— Wban a gladi- 
ator bad TanqnUbad 
bb adraraarjr, or re- 
orirad a waand, Im 


acd, la 


witb tba »tab of tba 
paopla, or of tlia amiie* 
ror, or ia rirtna of kia 
angagaiaaBt. from eon* 
tfaaiag tba eoabak, or 
froai Bgbting agaia iba 
atina day ; but tho rio. 
tor aarar obtained bla 
diaeharga, if by bla an- 

fagaisant be waa 
oand to oOBibat to iba 
daatb : la tbia caaa ba 
waa aadcr tba aceaaai- 
ty of contiaaing bla 
oecapalioa, aad often 
even wf flgbUng tha 
aaaio day agaluat a new 
oyfoacat. Aatpuloa 
wdblbltad tbia: bat 
Caraealb cAnpallad 
tba gladUtora to aub> 


mU to it. Henae tba 
azpreaaion, giadialarl 
baao aibaioaem pctara. 
Martial, ali. V. 7. mo- 
do TulneriiMiB taotna, 
aiodo alae nalaaioaa 
atiaai, aonetimaa peih 
nitting tbeoontlaataata 
to go no lartber tban 
wounda, at otber timca 
to lotwaad to extraaii- 
tiaa, Lhr. 41. ». To 
tbia praetiee Seneea 
mabea a beaullfnl alia- 
aion, Vf. 87. Quid prtN 
deal, paacoa diea aut 
annoa lucrl faeeraf 
aine miaakme naaeiaiav. 
18 Pet. Arbiter. 117. 7. J-Sart. 
Tib. 7. Ur. xliv. 81. 

S83 ROMAV AiiTiguiTnEi. 

Glsdiaton were distingruislied by their annour aod maoner 
of fighting. Some were called sacuroBiBy whose arms vote a 
helmet, a shield, and a sword, or a leaden bullet^ With them 
were usually matched ' the RBniBii. A combatant of this kind 
was dressed in a short tunic, but wore nothing on his head.' He 
bore in his left hand a three-pointed lance, called tridau or 
fuacindy and in his right a net,* with which he attempted to 
entangle ' his adversary, by casting it over his head and sud- 
denly drawing it together, and then with his trident he usually 
slew him. But if he missed his aim, by either throwing the 
net too short or too far, he instantly betook himself to dght, 
and endeavoored to prepare his net for a second oast ; while his 
antagonist as swiftly pursued, (whenoe the name Secutor,) to 
prevent his design by despatching him. 

Some gladiators were called m iRmLLONss," because they car- 
ried the imaffe of a fish on their helmet; henoe a retiarius, 
ivhen engaged with one of them, said, '' I do not aim at you, I 
throw at your fish." Non tb pbto, piscbx pbto : gvco nb nrais, 
OALirB P ' The MirmiUo was armed like a Gaul, with a buckler^ 
and a hooked sword or cutlass,' and was usually matched with 
a Thracian.^ Qftis MyrmiUord componitur ofqtdnumuM f Thret* 

Certain gladiators from their armour were called samritb^, 
and also Mplomachi, Some dimachtBriy because they fboght 
with two swords; and others laquearii, because they used a 
noose to entangle their adversaries.^ 

There was a kind of gladiators who fought from chariots," 
after the manner of the Britons or Gauls, called BssBOABiiy" 
and also from horseback, with, what was curiooa^ their eyes 
shut,'* who were called andabat.b. Hence andabaiarum more 
pUffnarSf to fight in the dark or blindfold.^^ 

Gladiators who were substituted '" in place of those who were 
conquered or fatigued, were called bupposititii, or bubdititil 
Those who were asked by the people, firom the emperor, on 
account of their dexterity and skill in fighting, were called 
posTDLATiTii t such woro maintained at the emperor's private 
charge, and hence called fiscalbs or QBsarianL Those who 
were produced and fought in the ordinary 'manner were caUed 
ORowABii.^^ When a number fought together,'^ and not in pairs, 
they were called catbrvarii ; those produced at mid-day, who 
^ere generally untrained, mbbidiani.'^ 

plnmbeti Uid. 8 ntrma tbI pelts. Meow. lOS. tu. 10. 

zvUL by 9 aiea t«I barp«, I. e. II Itid. sviiL <6. Uv. 18 nppMwbaatv. 

S eonnlttobwitar *•! gUdio tBCorvo at fal- Is. 40. Cic Swt. M. 17 Hut. t. )». 8. SmI. 

componvlMnMir. eato. Sa«t. C«l> SS. Aagw 44> D » . 4m 

a SMt. Gal. IML CUnd. 10 Thf«s v«l Tkrax, L U ex Mwdb. IS g w^Hm . teiMra, w 

81. Jav. TiU. 809. e. Tkraeidkh annis 18 Cic. no. Til* C s'im arts. 

4 rete. oraataa, Cic Pkil. ni. SaeC. Cd. 3S. Ciw. B. ]• SmC Amg. 45. Ctk 

5 irretir*. 0. Lir. zli. M. Hor. O. v.84. 80. Cla«d.84.a«bl^ 
(i a ^M^^MT, piicis. Sat. ll.ft.41.8iwt.C«i. 14 elBaaiaoealit. 7. 

7 Fc»iiia. IS. jBT.TUi.aDl. km*. 19 tUtnmy, Cic Fa 


The penon who visa to exhibit if^Udiatora ' some time before 
announced the show,' by an adTeitisement or bill patted up in 
pablicL* in which he mentioned the number and namea of the 
most diatingnished f ladiatom Sometimea theae thinga aeem to 
have been repraiented in a picture.* 

Ohuliatora were exhibited aometimefl at the funeral pile 
often in the forum, which waa then adorned with atatuea and 
picturee, but nanally in an amphitheatre ; so called, becauae it 
waa seated all around, like two tlieatres joined.* 

AsfpHJTH&iTBBS wcre at fiiat teraporary, and made of wood. 
The fint durable one of stone was built by Stotilius Taorua, at 
the desire of AnirusluSy which seems likewiiie to hare been 
partly of wood. The largest amphitheatre was that begmi by 
Vespasian and completed by Titus, now called GOLisiEVM, from 
the colossus or lai^ statue of Nero which stood near it It 
waa of an oral form, and is said to haye contained 87,000 spec- 
tators. Its ruins still remain. The place where the gladiators 
fought was called arkna, because it waa covered with sand or 
aawduaty to prevent the gladiators from sliding, and to absorb 
the blood; and the persons who fought arefiorii. But €a^na 
is also put for the whole amphitheatre, or the show,* also for the 
seat of war/ or for one's peculiar province.* 

The part next the arena was called pooium, where the sena- 
tors sat, and the ambassadors of foreign nations ; and where 
also was the place of the emperor,' elevated like a pulpit or 
tribunal,"' and covered with a canopy like a pavilion ;" likewise 
of a psnon who exhibited the games,^ and of the Vestal vir- 

The podium projected over the wall which surrounded the 
arena, and was raised between twelve and fifteen feet above it ; 
aecured with a breastwork or parapet ^* against the irruption of 
wild beasta. As a further defence, the arena was surrounded 
with an iron rail,^ and a canaU* 

Tlie eqnites sat in fourteen rows behind the senaton^ The 
seats '^ of both were covered with cushions,^* fint used in the 
time of Caligula. The rest of the people sat behind, on the 
bare stone, and their seats were called popularia.*' The en 
trances to these seats were called vomitoria ; the passages'* by 
which they ascended to the seats were called scahs or gcalaria ; 
and the seats between two passages were, from their form, 
called cunewi, a wedge : for, like Uie section of a circle, this 

4 Hor. StU fl. 7. 93. wit Italy, Plor. Ui. I0» IS Sa«t. Aag. 44. 

Plia. sssT. 7- ■ S3. 81. W. 9. Lao. wi, 83. 14 loriea. 

aatandabat. 9 Ge. Vcrr. t. «. Plin. 8 Plia. Ep. tL 18. » hmk cUtkrfa. 

jaL prDM» inri. 14. 16, *«. 9 M«saalita, val 'Bbi. M aaripo, PUa. rlii. 7. 

Ke. CiB. Warn. U. • Unrt. Aag. 89. Jut. 10 Saet JaL 79. Plia. 17 gndai vai Mdtlia. 

' ' iiLiU Pu.5L 18 palvUIii, 

7 Fijoa iieUi drills are- 11 eabieolaai Tfl papl- 19 Saal. Claa.8».l>a». 
aalul'iafait,— iJm ftrit lia, Soat. Nar. 18. 4. Diok tti. 7. 

SaU ai tk« cirii war It aditaiia tribaaaL 80 vfaa. 


ROKAV Aamguxr.n. 


space gradtiaUy widened from the arena to the top. Uenoe, 
ooietf ifmatuit res omnibus^ the affair was known to ul the spec- 

Sometimes a particolar place was publicly granted to certain 
persons by way of honour, and the editor seems to hare been 
allowed to assign a more honourable seat to any perB<m he 


1 Pkii^. T.7. iA. J«r. Ti. fL SmI. Aa» 44. 9 Cifc MIL b. T. Att. B. I. 


There were certain persons called omeiiATOBBs or diuignom 
tares, masters of ceremoniesy who assigned to every one his 
proper place, as ondertakers did at funerals; and when they 
removea any one from his place, they were said eum excitare 
Tel su9ciiare^ The designaiores are Uiought hy some to have 
been the same with what were called locarii;' bat these, ac- 
cording to others, properly were poor people, who came early 
and took possession of a seat, which they afterwards parted 
with to some rich person who came late, for hire.' 

Anciently women were not allowed to see the gladiators, 
ifithout the permission of those in whose power they were. But 
afterwards this restriction was remoyecL Augustas assigned 
them a particalar place in the highest seats of the amphitheatre.^ 

There were in the amphitheatres secret tubes, from which the 
spectators were besprinkled with perfumes,' issuing from cer- 
tain figures ; ' and in rain or excessive heat there were cover- 
ings ' to draw over them : " for which purposes there were holes 
in the Um of the outer wall, in which poles were fixed to support 
them. But when the wind did not permit these coverings to be 
spread, they used broad-brimmed hats or caps,* and umbrellas.^ 

By secret springs, certain wood madiines called raoBATA, vel 
-fiKe, were raised to a great height, to appearance spontaneously, 
and elevated or depressed, diminished or enlarged, at pleasure. 
Gladiators were sometimes set on them, hence called pegmares^^^ 
and sometimes boys.'* But pegtnata is put by Cicero for the 
ihelves" in which books were kept^* 

Nigh to the amphitheatre was a place called sPOLURniM, to 
which those who were killed or mortally wounded were dragged 
by a hook.'* 

On the day of the exhibition the gladiators were led along 
the arena in procession. Then they were matched by pain^^ 
and their swords examined^' by the exhibitor of the games. ^ 

TSBauMscdeBtrawMioUtvo broww at •■hmidered iMtbar. ■•( onaacaUd with winct, a 

•r<Md ria^t4Mrs_friNB a painl. On tkn right lag la a hiad oT boa- tmaQer bneklar, thighpiaeaa 

"1*^ ^wapvi^Tha flnt weara hia, ooamoalT aiada of eohmad fonaiad of plalaa of iraa, tad oa 

a teiiaat haTing a vlior, aaoek laathar, oa tha laf t aa oeraa or aaeh lag the hi^ graave, eallad 

WBuaated, with tha long baek- fraave, not raaahing to the hnaa. hj tba Oreehs mp^Uf Thaaa fi« 

Mr (laitBai^ ll lApraaaaad that Tha left leg ia that araud, bo- gvraa appear to rapreaant oaaof 

oa shoald hara for nlltaalTa eaoaa that Ada oC tba bodj waa the light^uiaad elasa, eallad 

VMpaa a award, btA the laulp- the aoat expnaed bf tho an- Vetaa, and a Samite (Saania), 

p. ■*■ MllMted ta rapiaanii it. daata, whaae gnard oa aaaoant ao eallad baoaoaa thej were 

f|<M all the other gladiatora ha of tha baeklcr, waa tha raTana armd after the old Sannlte §^ 

**>n Oe «MigaeM<iiai, a abort of the oMMlam guard { tha teat of ihioa. Tha furaMr, who baa 

agroBef led ar while atuS fixed tba bod/ia entirely aahed. Tho been alzteen tinea a oooqneroi 

*wva tha Upa by a girdle of oihar flguro la araiad with ahali la Tarioua ganea, baa at laat an- 

> naaUPoiB. ProL 19. crooo dnnto a«t aUia 11 Mart. Sp«ct. ii. 16. 1» oaco trabobaatar 

<^' Aft. tr. X Her. frafraatlbaa Itaoori- riU. U. Sen. Ep. 8B. PUa.Ptai. S6.Sea.Ep. 

^> \1. 6. Blart. in. b«. Mart. r. St. da Smtt. CUad. 34» CaL ». Lanpr. ComaMU 

«.t.MtL9. 8paet.S. 86. An. 

ma laeilMnt. 7 tou vel relarSa. larla raploa,--8nd boyi pODabantur, vol oon- 

* v!*f** T^ % 8 Jav. W. lU. aaatebod up to the eo- aarabaatar, Her. SaU 

varinga, 1S2. iTTiLr 

»--* *»*• rt a M. 9 eaoair vel piloL 
gwt. Aag. «. Ot. A. MDlo. Kx. 1. j 
"•'••• sir.S7,2B. 

Mart. 13 pro loenlia. 17 aaplorabMtnr. 

II Att. IT. & 18 Saet. Tit 8. 

Biflouriahing' their 
Dimi with gnat dexterity.* 
rhen upon a lignal given 
(ritb a tnimMt,* tliej laid 
R8ide tlieae,'^ and usnmed 
th«ir proper antu.' They ad- 
jurtedtbemaelves' with groat 
ore, and itood in a particu- 
lar pottiire,' Hence moveri, 
dgici, T«l dtturbttri de ilatu 
nuntit : dtpeUi, dejici, tbI de- 
puhed at one Bnothsr," ana 
repeated the thrust." Thej 
not only pushed with tha 
point," but also struck wUh 

the edfCL" It wM more eoir to pany or arnid " direct thnatH," 
than bade or ride ilrakea,'* They thererore took partioiUr 
care to defend their side ;" Iwnce latert teclo ab»cederr, to get 
off nfe ; per aiteritu latui peti, latw* apertum vel nudun dmt, 
to expoie one's self to daiwer, Sobw gladiators bad the faculty 
of not winking. Two ludi, belonging to the emperor Claudius, 
were on that account inrincible." 

The rewards given to the victcn were a palm (hence pbtri- 
mano* palatamm gladialar, who had frequently conquered; 
aUai tua* palmat cognomet, i. ». etedti ;" paima kmahecta, a 
palm crown, with ribands* of diffijrent colours hanginftfromit;" 
uxtapabua vrbamt etiamitgkidiatore difficUu), rnoney," and a 
rod or wooden aword,* «aa sign of their being discharged from 
fighting; which was g^ntad by the editor, at the desire of the 
people^ to an old gladiator, or eren to a novice, for aome 
uncommon act of courage. Those who received it" were called 




RinMABii, and fixed UKJr arms in the tampla of Hercdes.' But 
they someiiniM ware afterwards induced oy a greol hire ' again 
to enga|re. Those who were dismissed on acoount of age or 
weakneasi were said delusiue,' 

When any gladiator was wounded, the people exclaimed, 
KABBT, sc vubna, Tel hoc habety he has got it The gladiator 
lowered* his arms as a sign of his heing yanqaished : but his 
fiite depended on the pleasure of the people, who, if they wished 

him to be saved, pressed dowtt their thumbs ;' if to be slain, 
they turned up their thumbR," and ordered him to receive the 
swocdy' which gladiators usually submitted to with amazing 
fortitude. Sometimes a gladiator was rescued by the entrance 
of the emperor,^ or by the will of the editor. 

The spectators expressed the same eairerness by betting ' on 
the different gladiators, as in the circus.^ 

Till the year 693, the people used to remain all day at an 
exhibition of gladiators without intermission till it was finished ; 
but then for the first time they were dismissed to take dinner, 
ivhich custom was afterwards observed at all the ^ctacles 
exhibited by the emperors. Horace calls intermissions given to 
gladiators in the time of fighting, or a delay of the combat. 

DiLuoiA, -orum}^ 

Shows of gladiators" were prohibited by Constantine, but 
not enturely suppressed till the time of Honorius." 

1 Jl«r. Xp. L 1. Or. < pollw^n vartolMiit, Cie. Snt. 9K Tuc C. h 1m. Die. ssavU. M. 

TriR. It. 8. U. /•▼. M. ». b«aw> U«. 17. MIL M. S«». Ko. 7. 

a bigMitoMetqfaaMiitOb dara atroqM poUk*. L 177. TruiqmU. Amai, 18 eramta BpaatMab. 

3 SuL ni Ttt..niB. •. iralda, to tpplaad e. IL Const. Sap. Ifi. IS Coatu CM. li. 43. 
xnTt.27. gmllr, Hor. Ba. i. t& 9 tMNiaioaibiia PradMUeoatriSroiK* 

4 nballMtat. «6. Plin. &!.■.». 10 laet. Tit. 8. Dom. U. U. SI. 
i I'ollioon ■foiadbft, 7 fomm riolporc. 10. Mart. is. 66. 

U«i.Bp,LlS.M. 8 Ot. ftat. U. & O. 11 Bp. i. IB. 47. S«M. 



Dramatic entoitRinmentB, or stage playii,^ were first introilRoed 
at Rome, on account of a pestilence, to appease the divine 
wratby A. U. 391.* Before that time there had only been the 
punes of the drcua. They were called luoi scbnici, becauae they 
were fint acted in a shade,' formed by the branches and leares 
of trees,^ or in a tent' Hence afterwards the front of the 
theatre, where the acton stood, was called scena, and the actors 


Stage-plays were borrowed from Etruria ; whence players ^ 
were called histriones, from a Tuscan word hister, i. e. iudio ^ 
for players also were sent for from that country.' Tliese Tus- 
cans did nothing at first but dance to a flute,' without any Terse 
or corresponding action. They did not speak, because the 
Romans aid not understand their language.^' 

The Roman youth began to imitate them at solemn festivals, 
especially at harvest home, throwing out raillery against one 
another in unpolished verse, with gestures adapted to the sense. 
These verses were called versus FsscENNmi, from Fescennia, or 
-ium, a city of Etruria.^^ 

Afterwards, by f^quent use, the entertainment was improved,^' 
and a new kind of oramatic compositionj^as contrived, called 
SATTRJ! or SATURA, sotires, because they were filled with various 
matter, and written in various kinds of verse, in allusion to 
what was called lanx satcra, a platter or charger filled with 
various kinds of fruits, which they yearly offered to the gods at 
their festivals, as the primitMB, or first gatherings of the season. 
Some derive the name from the petulance of the Satyrs. 

These satires were set to music, and repeated with suitable 
gestures, accompanied with the flute and dancing. They had 
every thing that was agreeable in the Fescennine vecses, with- 
out their obscenity. They contained much ridicule and smart 
repartee; whence those poems afterwards written to eiroose 
vice got the name of satires ; as, the satires of Horace, of Juve-. 
nal, and Persius. 

It was LiYius ANnaoNicus, the freedman of M. Livius Salinator, 
and the preceptor of his sons, who giving up satires," first ven- 
tured to write a regular play,^* A. U. 513, some say, 514 ; the 
year before Ennius was bom, above 160 years after the death 
of Sophocles and Euripides, and about fifiy-two years after that 
of Menander." He was the actor of his own compositions, as 

1 ladl Mcnici. • SMLTft.SI.CM.W. 10 ML 14 artUMate fakdM 

% Liv. rii. I. Cie. Pluc 11. Var.S. 11 Hor. Bp. II. L 149. Mi«c«b 

S •M.aako. It. It mpfau MwpMdo 19 Ok. Brat, la e«a 

4 Or. Art. A& L 109. 7 lodtoMt. jm «>eiUU ••(. srlL SL 

SwT. Viry, A«.Llft4 SUt. Tfl.t. 13 ab Mtarit, 1. •. mIk> 

• M^^t. tttwMMnInu • ad tlbMnto aodoi. t\* nllcth. 



aU Umii were. Being obliged by the andienoe frequently to 
repeat the same part, and thus becoming hoarse/ he adced 
permisiion to employ a boy to sing to the flute, whilst he acted 
what was sung,' which he did with the greater animation, as he 
was not hindeivd by using his voice. Hence actors used always 
to have a person at hand to sing to them, and the colloquial 
part ' only was left them to repeat It appears there was com* 
monly a song at the end of every act* 

Plays were afterwards greatly improved at Rome from the 
model of the Greeks* by N^vius, Ejinxus, FhAvrva, CAciLnTS, 
TsasircB, Afranius, Pacuttus, Accius, &c. 

After playing was gradually converted into an art^* the 
Roman youth, having regular plays to be acted by professed 
players, reserred to themselves the acting of Iu4icreu8 pieces or 
farces, interlarded with much ribaldry and buifoonery, called 
BxoDu, because they were usually introduced after the play, 
when the players and musicians had left the stage, to remove 
the painful impressions of tragic scenes^ or fabella atbllaims, 
or LUDi osci, hVDiCRVK oscvM,' from A telle, a town of the Osci 
in Campania, where they were first invented and very mnch used. 

The actors of these fiirces' retained the rights of dtiaens,' 
and might serve in the army, whidi was not the case with com- 
mon actors, who were not respected among the Romans as 
smong the Greeks, but were held infamous.' 

Drunatic entertainments, in their improved state, were chiefly 
of three kinds, comedy, tragedy, and pantomimes. 

1. Comedy ^' was a representation or common life^^ written in 
a familiar style, and usually with a happy issue. The design of 
it was to expose vice and folly to ridicule. 



1 ,. 

^Uv. Til. S. 


^ M«LJ«T.iiL175. tL 

2. "S* *'*■■**■"*. 
•yip 1.1. ». 4. D. d« 

JJ*F Prirtl So«t Tlh. 
••••. •«•« wen raok- 
•• UHAR tlw W«r*tt 

"• (• MtiMul ■( 


ted to ■«««, OTM H ■ 

conaoa ooMiar. Wo 
•oa, froa aoToral pu< 
Mgci of PiMtu, that 
wiort worowhipiwtth 
rodo u oikor ohTC*) 
CittcU. wt. 5. Catonrm. 
Uadar Aafnacaa, a d» 
«rt« of tho aonato pi«. 
bibi ad the aqnitrt and 
tho aanatota Iron a^ 
paariag on tho itaffo, 
Saat. A«K. 4S-, and, 
OTOB andor tho fanao- 
ral coToniHwnt of Tl- 
boriaa, the aaoalora 
voro prehtbltad froa 
wltnaaatag tho parftif 
naaeet of tho pantic 
■itaoa, aad thooqwltoa 
fiwH aeoDmpaajruig 
thorn on tho atnota, 
SooV Tib. Tac Aaa. L 
1. Vc thouid dcetUo 
oMfaalraa thea, wara 
wo to recard aa honoajr 
rendered to a degraded 
pnfcatloo the waria 
of eaioom be«towod on 
ladboi en ae- 

coBot or their aerit. 
Theao exoepilena, fcw 
ia nonher, had rela- 
reace only to iadWi* 
doala. What Cieore 
a«ya, Is two of hb ora* 
tkwa, la hoBOur of tha 
eoBiodlaa Readaat 

Krea only diai tha bv 
■aa )<eople hnew thi 
how to rrnder JaaUet a < 

to aerit evea oa tho 
atoga, Cie. Rooe.Goa. 
I, fl. 6. We knew with 
what Ihaiiiaiitf Pjr* 
Lidaa the paatoatma 
apoke to Aogaatua. 
Swao laataaoek proT« 
aJao the laAaeaee 
wbleh the theiitrr ra* 
eaelead over ^tho Ro- 
maaa : at the lime of 
tha baaiahaMat of O* 
eere, a comcdiaa 
Ihooght hbnaetf aotho. 
riaed to re|ireoeat to 
the Koman v*ople 
their iagfatttade aad 
their iaeoaacaaejr; the 
pople caSbrad Ua r^ 


prin>aad« The 
tienee of tha paople, 
■onght ta awafcaa 
their foeUaga, ead the 
tears flowed. lo tlM 
tragadr of Brataa, OU 
oero waa proclaiaed 
' f aame tiie aariear af 

lie ooamoBwealthiaaA 
a thoaaaad voice* re* 
pealed the hoaagak 
(Snt M.) while ttw 
inaleraleBea 91 Ua 
eneaiea, who weia 
piaaent aad atiU la 
power, durat aot aa* 
ntfest itaolfla oppo^ 
tiea to their icwawa* 
tioaa of grititada.— 
See MeierottOt oa tha 
Maanera aad Lilb of 

the Rirnaaa, Ac. Part 

I. p. IS. 

10 eeoKadia, ^oaal mt- 

the village. 
II aa«ild< 


uuarKai ȣǥ 


Comedy, among the Greeks, was divi<Ied into old, middle, 
and new. In the first, reaJ di^rac^rs and names were repre- 
sented; in the second, real chnra<:ter8, but fictitious names; 
and in the third, both fictitious characters and names. Eupolis, 
Cratinus, and Aristouhanes excelled in the old comedy, and 
Menander in the new/ Nothing was ever known at Rome but 
the new comedy. 

The Roman ooraic writers, Nnvius, Afranius, Plantus, Cs- 
cilius, and Terence, copied from the Greek, chiefly from hkv- 
AKDBR, who is esteemea the best writer of comedies that ever 
existed ; ' but only a few fragments of his works now remain. 
We niay, howerer, judge of nis excellence from Terence, his 
principal imitator. 

Comedies, among the Romans, were distinguished by the 
character and dress of the persons introduced on the stage. 
Thus comedies were called tooatjb, in which the characters 
and dress were Roman, from the Roman toga, so carmen iogatmn, 
a poem about Roman afiairs. Prjstbxtatjc, toI praiexUe, when 
magistrates and persons of dignity were introduced ; but some 
take these for tragedies ; ' tbabkatjb, when generals and ofllcers 
were introduced ; tabxrh abia, when the characters were of low 
rank ; paixiata, when the characters were Grecian, (nmpaUhan, 
the robe of the Greeks; HOTOniis, when there were a great 
many striking incidents, much action, and passionate expres- 
sions ; STATABLB, whon there was not much bustle to stir, and 
little or nothing to agitate the passions ; and mixta, when some 
parts wera -gentle and quiet, and others the contrary.* The re- 
presentations of the atJiam were called comcscka ateUtoue. 

The actors of comedy wore a low-heeled shoe, called soccks. 

Those who wrote a play, were said docttt yfUfacerefobidmn; 
if it was approved, it was said store, giare recto tah, piacere, &c. 
if not, cadere^ exigij exsibUari, kc 

II. TaAORDT is Uie representation of some one serious and 
important action, in which illustrious persons are ]ntn>duced, 
as, heroes, kings, &c. written in an elevated style, and generally 
with an unhappy issue. The great end of tragedy was to ex- '' 
cite the passions, chiefly pity and horror ; to inspire the Ioto 
of virtue, and an abhorrence of vice. It had its name, accord- 
ing to Horace, fin>m r^myof, a goat^ and ^n, a song ; because a 
goat was the prise of the person who produced the best poem, 
or was the best actor,^ to which Virgil alludes, £d. iii. SS ; ac- 
cording to others, beeaose such a poem was acted at the festiral 
of Bacchus after vintage, to whom a goat was then sacrificed, as 
being the destroyer of the vines; and therefore it was called, 

1^IIot,Sm. L «. B>.a. a Jw. LS. H«r. A. p. A. P.W Tar. Hamt. » Oc Or. I 01. H«r. 
I. >7. fiiriib B. L a81.Stat.8UT.U.7.M. pn»1.9K.X)on.Tv.Cic A.P.SM. 

t l^la-x 1. 4 SMt.'Qraak SI. Hor. Snrt. IW. 

Tbupi*, m natirfl «f Attica, is said to Iutb bMU tbe inrantor 
of trafady, aboQt S3G yean befon ChriiL He want about witb 
his actors from Tillage Ui village in a cart, on wh[di a teM- 
puniry stage nas erased, where they played and sung, having 
thsic faces besmeared with the leee of wine,' whence according 
to aome, the name of tragedy, (from rpi^, -uyt(, new wine not 
refined, or the leee of wioe, and fiJof, a singer ; heoce T{vyy)f[, 
a singer thua besmeared, who threw out scoffs and rullery 
against people.) 

Thespis was contemporary with Solon, who was a grent 
enemy to his dramatic K ' 

stage,* and was tbe inventor of the mask,* of the long flowing 

r:i.tsij:a t 

** lUlqBllr. 0» liuf^-' ' — » -*'- ■- -■ 

n^,' and of the higfh-bMl»d shoe or buikin,' which tnfediana 
wore : Hhence Iheae i^oids an put tor §, trtgic (tyle, or foe 
Irlg«d]r ilMlf, aa lotait U put for a oom«d]r or a bmiliar itylo. 
Stc eimutdia m cotkunot aswurgit, nee contra tragvdia aoceo 
ingrtditur, comedy does Dot Btmt in buakiiii, neilbor does 
trag«dy trip along in slippect.' 


■1- Oh U ^TB u Mik tl-i< B nimlli. On km aM lUi 
«• ■•(« MkbIw u 11 ni rwi. Ail hidmu ■■>& nl lii 

la wbui oUn I th* Pollifi BH W mnac^ad 

1 ^V>UU.nliriw. ITIrt. M. •lU. It. MvL «l. U 1>. W <. I. It kiLlM. A.P 



As the ancients did not wear breeches^ the playen always 
wore under the tunic a §;trdle or covering.* 

Alter .l^achylus, followed ^ophoglu and Euripiobs, who 
brou|(ht tragedy U> the highest perfection. In their tine 
come^ly began lint to be considered as a distinct composition 
from tragedy ; but at Rome comedy was long coltivatedy be- 
fore any attempt was made to compfise tragedies. Nor have 
we any Roman tragedies extant, except a few, which bear the 
name of Seneca. Nothing remains of the works of Enniiv^ 
PacMviua, Aouio^ he. but a few fragments. 

firary regular play, at least among the Romans, was divided 

taA rMl Bfe, aad Ot^f 
pvrij dMMduM' 
Tto two otkar aorl 

I ; sad b«ii«B U wu tkal 

ail. On* ton f«pr«- 

ntmOf •aplofcd ta tiMPdjr, 
■■4 iMviag MOMtUai frivliifal 
IB tlwir anaanaw, tfca OfMln 
emIM tlMM ^■ipft.w.ii Taa 
ImI kiad vata aaotrivai aa pur- 
faaa !• larrify, aa4 aslf njpra- 
Mtfad borrlUi Umnm, aaakaa 
Haitaaa *ad PWws, 
tkay bud lh« aaai 

It t» Boaaibia that ifeaaa laras 
iid Bot laaa iliair orif iaal algai. 


tirair otMMfd tiMir Aiat facai; 
tkaft 1«, la ika tiaa af tka mw 
i f il j ; flartUl tkaa Ihafawaa 
a laarifcli dtShraaaa aaaagai 
ihaa. a«e m laat tba aarwal 
kiada wars eoaftaadad i tha ea* 
■ia aad tragie aalj dfflbrad la 
•ua and la agiiaata, aad ika 
ducaia* aMaka alaaa jw aaa i fa d 
ikair Rr« appaaraaca. 

PMlaa aol aaljr lalla u ia na> 
aaral, that tha eanla aMAa 
«•>• ridieaJaaa, kat wa laata 
from tka dauil af tkaai ha kia 
M aa, tkaft tha gnaMv part of 
then wan aalraTigaal la ab> 
■arviitf . Than waa hacdly asf 
a( th*a «Mah kad nat dialartad 
ewa, a wry aa«iih, haa^hif 
oMcka, ar aaaa tmtk aikar if 

With raayaa> la tha tra«ie 
auakathaf waaa fat aiara hiaa- 
•a; te a««r aad ahava ihair 
aiaa, aad that gapbig 
liiah thraalaaad to da- 

Math whiah 
war tka apaataiBn, thay gana 
>»<iir had a Airiaaa air, a Uraa 
_Mac«. rha hai 

laalagMpact, rha hair •taadbg 

iha lanhaad, whkh aaiy aanad 
te dialgara IhaK, aad raadar 
^*n yat aiara tarriUai 

Thut, in a lattar la Saaa aad 
Sar«iaa, WNiy Mwlbad to Jaa- 
*>> Mai^, hat vary aaaiaai,wa 
k«*« tha Ulawhig aaaaagas— 

aat with all kit atraagth hi ra- 

traaaaliag Oratlaa, appaara 
uga aad tarrihia to tha paalag 

iIm vitt thair bt^ haala, h«a 
hiam bally, hb lang traialag 
raha, and kla frightful Baak.* 

And ia tha work af Laoiaa ■!• 
raady faolad, wa aaat with this 
daaeriptiaa of a tragadiaat— 
*(kn aay thiag ba aMf« ahnehtag 
nr frigkttal f a aua or haga ata. 
tara, ato aa iad apaa Ufh teala, 
aad eanyiag oa kb aaad aa 
anonanaa aaab, Iha vary aUht 
af wklah ftlb wllk diaad and 
korror, far llgapaaaaifll^ 
to (wallow tha sptctaton.** 

Ia hna, tha aatirb aort waa 
tk* absaidaat or tkaa all. 
kavtag aa ath« f 
la tk* «artoa of 

whbh thaao oMafca did aot 
hibit ; far batidaa lawaa aad aa- 
tyn, wfaanaa thay had tbair 
nawcs, MaM af tkaai rapnaaa- 
lad Cycbpaa, Cantaart, io. la 
aao word, ikaro b aa aMaatar 
ia lahla wkbh waa aot asbibilad 
ia aoao of Ibaaa piaaaa by pn»> 
par aMdca. Aad tharaftwa wa 
atty aay, it waa thr Uad of dra. 
oiatic aatarUiaaiaaU hi whkh 
Iha aaa of aaaaka waa aoat aa- 

Not bot that thoy 
pooa«bly ao ia tragady Hkawiaa, 
to givo tha horoaa and daai^oda 
that air af graadaar aad wajaaty 
thoy war* aa p pa aad to kavo 
roally kad. Far it ia aa aultar 
wkaoea that pnifaoiaa oaaa ; or 
whaikor tkoy waro raaUy of a 
aoparaataral alaa; it waa aaa. 
aiaat tkat thta waa tha raaaivad 

Saiaa, aad tlwt tha penpic b^ 
>*d it to aiaka it aaeaaaaay to 

kava baaa ot k orwiaa 
asklbltad wiihoot traaagNaaiag 
agaiaat prohablltty i aad kr aoa- 
■ ■qaaa a a. k waa ioipoaaikia i* 
brtag thaai ao tha ataga wltkoat 
tka aaaiataaaa af laadu. 

Bat wkat laadarad it iaipoaab 
bb ibr tha aatara to perfona 
tkair parU wUkoat tkca, waa 

thtir brtag oUigad ta ramMal 
paraoaagaa aat oaly of dUKwant 
Uada aad characHn. boi llho- 
wiaa af ddfaraat agaa and aaoaa ; 
I aay diflbfoni aaaai, lor It nnat 
ba raaambarad iharo wai* aa 
actraaaaa a»ang tha aacbata , 
Iha fMaato akanMlara ia thoir 
piM«* war* aetad by oiaa. 

rkwa what bath baaa aald. It 
lOMilla, that tbraa thiaga mado 
Iha aao of aaaka ab«olot*ly no- 
aaMsry oa tho thoali*. fVat, 
Ika waat afaetraaaaa to aat tho 

OKtnordiaaiy aiaa of whbh tro- 
— gta parioaagaa ««* b paaaii 
•iaa. Aad thirdly, tha vary aa- 
waa tara aad gaalaa of tho aatyrb 
aad kiad. 

Bat, baaidaa Iha indiapanaa- 
Ha araaaaity al raah af thaao 
aarti of aaaha la partbaiar, 
llMia wara aoaM gaaoral advaa- 
tagM which aaeraad troai thoa, 
all of no aaall aoaaidaratioa. 
ror iral, aa ovary piMja had iia 
own Biaalu propof to it. aad 
•baralbff* tha aaaM aoMr cooid, 
by ahaaging bb auak, aat aava- 
ral parta la tha aaaM plco»,wilfc* 
aat baiag paraaiv d to do ao. 
Tha apa^aiora. by thi« aM^na, 
r* nat aloyad with alwsya 
liag Iha aaaa faoa^ aad tha 
sara wara. ao to ipoak, aaalti- 
plbd lo all Ika aaca*»ary vari- 
oty, at a vary aaay rate. 

Aad aa tbay aaad tkaai Uha* 
wiao lo reproMat tk« faooa ol 
tko poraaaa lalaadad to ka ra> 
praaaatad, it waa a atctbod ol 
rondariog ih* l a pita aatattow 
aMtra aalBfal thaa it oeuld oikar- 
wiio liavo boon, oapcciaOy in 
piaoaa whara iha btrigno larnod 
apoa a iwrfaet raaamblaaoe o< 
haaa, aa to tiM Aaphitryon aad 
the MoMohaiL It waa wiU lH« 
fccaa of th* aatora Ui«« aa it ii 
aow with rcapaet to Iha orua- 
aiaota Ia oar acanaa, wkieb muit 
bo aiagalAad la kav* tkair ilu* 
aflaot at a caiUia diataoor*— 
Baladb'a DIacoarad on Maaka, 
doHvarad to ihe Aoad«Mf of la^ 
arripiioBa and ballaa Lrltr*-. 
Joly lit, 17IS. 

1 aabiigaoalaa val aobUgar roraeaadia 

. Cic. Off. i. 3». Jav. ri. 6d. Marl. iti. 


9B% MHUB umoviiint 

into fir* act! ; > lb« aubdiTJnon into HiDM U tiioti|^ to b« i 
«Mid«rn iDfention. 

BatWMn the BcU of s tng«dy ware inlrodueed a nuntber of 
•ingan, called the chobd*, who iiidMd appear t» hav« been 
■Iwajf preieat on the ftigr. 1'be chiar of Oiam, who spoka for 
Um mt, was ciUed elu)ragu» ar cor^phteta. But CHOB^aoa i* 
wually put for the parwo who fumlBbed tba draaaea, aad took 
eare of all the appiiriitiii of Ibe ttaga,' and choragaoK for tiie 
■spuatui itMlf,' choragia for dunagi; henna faUa chorafftum 
itaha, somelhiog that one may boast of.* 

The cbarua waa introduced in the ancient comedy, aa we aei: 
froD) Ariatophonea ; but when ila axcauire licence was iup- 
pieaaed by law, the choroi likewise was silenced. In Plautua 
a choragus appears and makes a ipeech,* 

The mosic chiefly used was that of the Bute, which at GrA 
wai small and simple, and of few holes ; ' but afterwarda it trat 
bound with braaa, had more notes, and a louder sound. 

Some flutes were double, 
and of rarious forma. Those 
mutt frequently mentioned 
are the t&iiB iextrea and *i~ 
tdttrm, para and iinpiir«t, 
wbicb hare occanoned so 
much disputation among cri- 
tics, and atill appear not to 
be fofficieDtly ascertained, 
llie most probable opinion 
is^ that the double flute con- 
aisled of two tubes, which 
wen so joined together as to 
hare but one mouth, and so 
were both blown at once. 
That which the musician 
played on with his right hand 
■ra* called tibia dextra, the 
rigfat-lianded flute ; >*ith his 
'wt, tibia tinittra, the left- 
handed flute, llle latter had 
bnt few holes, and sounded a 
deep seriouB baa* : Uie other 

had inure lioles, and ■ sliaroer and more lively tone.' When 
two right or two left-handea flulea were join eJ together, they 
were called tibite paret dexirm, or tibia pare* tiaittrm. The 
flutes of different sorts were called fi&ia imparet, or tibia dcxira 

Lm>£ *u_.An.rM,nL riK.B.B.1, 


et jJKJrtrA Tlie righuhanded flotM were the lanie with what 
wen> called the Lydian flutes,^ and the left-handed with the 
Tyrian flutes.' Hence Virgil, bi/orem dot Hbia cantwn, i e. 
SiMontpn, mparan. Mil ix. 618. Sometimes the Ante was 
crooked, and is then called tilria Phrygia or eormu* 

IlL Pantoximbs were representations by dumb-show, in 
which the actors, who were called by the same name with their 
performances (mmt toI paniommi), exnressed OTory thinr by 
iheir dancing and gestures without speaking;^ hence caUea also 
chircnomL^ But paniomimi is always put for tlie actors, who 
were likewise called piampedcs, because they were without 
shoes.* They wore, however, a kind of wooden or iron sandals, 
called sCABiLLA or scabeila, which made a rattling noise when 
they danced.^ 

The pantomimes are said to have been the invention of 
Augustus ; for before his time the fliimt both spoke and acted. 

3I1MUS is put both for the actor and for what he acted, not 
only on the staffe, but elsewhere.' 

The most celebrated composers of mimical performances or 
farces' were Laberius and Publius Synis, in the time of Julius 
Caesar, llie most famous pantomimes under Augustus were 
Pylades and Bathyllus^ the lavouriie of MsBcenas."* He is called 
by the scholiast on Persius, v. 133, his freedman ; ^ and by 
Juvenal, moUis, vi. 63. Between them there was a constant 
emulation. Pylades being once reproved by Augustus on this 
account^ replied, '' It is expedient tor yon, that the attention of 
the people should be engaged about us.'* Pylades was the 
great favourite of the putdic He was onoe banished by the 
power of the opposite party, but soon afterwards restored. The 
Actions of the different players sometimes carried their discords 
to such a length, that they terminated in bloodshed." 

I dbte Lfdia. 

« tibia TrrteT«!Sanra> 

* Yin. jKb. TiL 7S7. 
Or. il««.ia.MS.Ptoat. 
AsMBC lh« Banana 
an4 other aatloBa, thm 
Bate waa aaiplofad aa 

■■d atairaiVMlaainitT. 
It waa sada ua* af la 
trlaaolw (Caaaarla. da 
dia Nsl. a; n.) C. 
DalSaa, who flnC ab- 
tolaad Aa hanoar of a 
triaoitilt, for a oaval 
vietory avar tha Car- 
llia(bUBB« (trluaphaa 
iHiB/i waa caa* 
- """-pwilad. 
IB aaaiaaaaratiOB of 
Ibat rvaat (aaaai «ao- 
tyia iriaai|Miv«t).bf • 
kio'flayar (tiMaaa), 
vba vaibad bate* hfan 

wbaa ba ratanad to 
bia bouae, erarv lioia 
Ibat ba aapwd aoroad* 
nor. ii. i VaL Max. 
Di. 6. Cai aoetaraaa 
boaaa, faaalla alara, m* 
aarqaa, peat aaalaa, li« 
blaaa adaat, SiL lul. 
lib. 6. Qc da SaoBt. 
Tbar aaac Iho arahaa 
of Im geda, and oflar- 
ad ap la tbam ibair 
prarart. to ibe aoond 
of tha fhta (tibia). la. 
IL 15. Stat. Tbob. lib. 
8. Tbay capiofcd it 
ta raiigioaiacroaontaa 
and in aaarlBraa, Ovid. 
Faat. Ub. 6. Prop. lib. 
4. 6. It waa aqaallj 
la tha aaaad af tba 
tbat tber 

raagaad tbe paenla, 
tbat lb«f nmd poAiy, 
and Ibat tbar aaag tba 
yaalaca af haraaa in 

Ibaata and at faaarala : 
oratara sovgbt, by tba 
aM af tba flnta, ta 
gira aadnlatian and 
auliaUa aaant totbair 
Toiaaa. Ptau, 
abora alL lyiia poota, 
avaiM tlMaiaalvaa af 
Itaa naeb wbaa Ouj 
rtad tbair 

hair Q 
aad If 

, u aaoaa tibiaa 
Ealarpa aabibal, aae 
PolylifBnia Laaboaia 
rafncit taadaio bariii- 
tan, Hor. L Od. i.: oa 
wbieb Cbriatopb. lioa* 
dinaa aiakaa tba M« 
lowing raaHrh ; ai Mn- 
tm, quasi jm Baiar* 
paa uwun as Ua, daaig< 
aat, aoa pnAibaatar a 
tibia. Id aat, a varai- 
bna, qai tlUa aanaalur. 

4 laqwd naaa. 

f Jav. am. 110. vi. 9% 
Or. Triat 11. «!». 

Mart. HL 86 Bar. L 
18. 18. li. S 180. Maa. 
▼. 494 SacL Nor. »4. 
8 aaaaloeatl, San. Ep. 8. 
oin. T. 11. Jar. rill. 
91. OalL i. II. 

7 Cie. CoL 27. Saeu 
Gal. M. 

8 Cie.Cttl.07.Var. ilL 
U. 87. 8a«k Cm. 88. 
Ner. 4. Otb. 8. CaL 40. 
Aug. 40. 100. Sao. Sp. 

9 alawgrapbi. 

10 SnaU JnL 89. Bar. 
Sal l.l0.6.Qoll.xriL 
14. Tae. Ana. L 04 

11 libartna llMaaatls. 
18 Saat. Tib. 87. Din. 

Ur. 17. Maarob. Sat. H 
7. Sm. Bo. 47. Na|. 
g. rli. 8L Poiraa. ft. 


The Romans had rope-danoerSf' who used to be introduced 
in the time of the play,* and penons who seemed to fly in ike 
air,' who darted * their bodies from a machine called peiaitrum^ 
vel -tcs ; also intsrludes or musical entertainments, called nao- 
Lu, or acroamata; but this last word is usually put for the 
actors, musicians, or repeatovs themselYes^ who were also em- 
ployed at private entertainments.* 

The plays were often interrupted likewise by the people 
calling out lor various shows to be exhibited ; as the represen- 
tation of battles^ triumphal processions, gladiators, uncommon 
animals, and wild beasts, &c. The noise which the people 
made on these occasions is compared by Horace to the raging 
of the sea.® In like manner, their approbation ^ and disappro- 
bation,® whi«h at all times were so much regarded.' 

Those who acted the principal parts of a play were called 
actore$ primantm partntm ; the second, teamdarwn partiMan ; 
the third, teriiantm, &c*" 

The ailors were applauded or hisMd as they performed their 
parts, or pleased the spectators. When the play was ended, an 
actor always said flaudit&^' ^ 

The actors who were most approved received crowns^ &c. as 
at other games; at first composed of leaves or flowers, tied 
round the head with strings, called struppi, 9traphia, v. -iola^* 
afterwards of thin plates of brass gilt," called corolla or coroi- 
laria ; first made by Grassus of gold and silver.*^ Hence cobol- 
LARiuM, a reward given to players over and above their just 
hire," or any thing given above what was promised,'' The 
emperor M. Antoninus ordained that players should receive 
from five to ton gold pieces,'^ but not more.*" 

The place where dramatic representations were exhibited 
was called thbatrum, a theatre.^ In ancient times the people 
viewed the entertainments standing ; hence stantes for specta- 
tors ; ^ and A. U. 599, a decree of the senate waa made, prohi- 
biting any one to make seats for that purpose in the city, or 
within a mile of it. At the same time a theatre, which was 
building, was, by the appointment of the censors, ordered to be 
pulled down, as a thing nurtful to good morals.'^ 

Afterwards temporary theatres were occasionally erected. 
The most splendid was that of M. ^milius Scaurus, when asdile, 

1 ruMmbali, nhorno- ii. 4. Nap. AU. 14. Gie. Cm. 19. Ak. lac. rli. SL CI«. Van. iiL 

bala r*i nearabahB. 6Kp. II. i. IM. II Qain. ▼!. I. Ca. 79l ir. tt. Smat. Ab«. 

I Tar. Hae. ProL 4. 31. 7 pUaaas. Rote. Cma. S, At i. 8. 43. 

Jar. Ki. n. 8 aibilvs atrapitas. fra- 1Mb Tar. IS Oc Varr. Ki. M. 

t patasriataa. vita*, eUaior, taai* U Faat. Plin. s&t. I. Plia. is. S9. •. S7. 

4 Jaolabaat val noatia- tniaai, Cio. Paiai. ▼ill. II a lamina araa Unal 17 aarai. 

baaU S. AataU pMiarlUa, At. InaanU aM iMrganta* 18 Capholia. 1 1. 

I Faal. Jar. xiv. 989. 18. U. 18 a >m«,,m«, TMaa. 

Maa. Ui. 438. Mait. ii. 9 Cio. Pia. S7. Seat. 91 11 Plin. ni. 1, 8. 90 Cic. Am. 7. 

88. Cie. Saat 94. Var. .~M. Hor. Od. i. 90. ii. 19 Mldltan praiaraaan SI nocitarum pablicii 

iv. 8i. Arch. 9. Soat. 17. aaod 8abiuun rti.Var. meribn*. Liv. Kf. 

Au«. 77. Macrob. SaL 10 Tar. Plior. prvL ». U U W. 38. Plia. Kp. altriii.VaLnaz.ii.1.^ 



vhidi oouUiaed 80,000 pMtooi, and mt udatBtd with nmdng 
ma^ifioence, and at an incredible esEpense.' 

Curio, the partisan of Cmur, at the ftineral exhibition fai 
honour of his father/ made two large theatres of wood, adKotn- 
ifig to one another, suspended each on hinges/ and looking 
opposite ways/ so that the scenes sboald not disturb each other 
by their noise ; * in both of which he acted stage plays in the 
former part of the day ; then having snddenly wheeled them 
JEiMMlk' eo that they stood 0Ter«gainst one another, and thus 
^ an amphitbeatrey he ezhihited shows of gladiators in 
.uid aflernoon.* 

Pompey first reared a theatre of hewn stone in his second 
consulship, which contained 40,000 ; but that he might not 
incur the animadversion of the censors, he dedicated it m a 
temple to Venus. There were afterwards several theatres, and 
in particular those of Marcellus and of Balbus, near that of 
Pompey ; hence called tria theatra^ the three theatres.* 

Theatres at first were open at top, and, in exoessive heat or 
rtin, coverings were drawn over them, a» over the amphi<- 
theatre, but in later tiroes they were roofed." 

Among the Greeks, public assemblies wen held in the 
theatre ; and among Uie Komans it was usual to seourge male- 
factors on the stagi,^ This the Greeks oalled Su»r^i^fi» et 

ilie theatre was of an oblong semicircular form, like the 

1 fVa.snvl.19.fJM4 
ft hiw M tTfrMi. 

S B# inTktM otetrfpt- 


i Piia. nnrl. 15. 

T Sart Clnd. SI. As(. 

4». TcftaU. .SfMi. iS. 


SB.Dio.slUI. 49.Tae. 
sir. 19. Ot. THcL iil. 
U. 19. SI. A*. lU 7. ». 
Art. iil. SM. 
8 Sm. SffiT. W ft. 91. 
FUa. sBb !.■••. 

ssstI. 1& ■> si. 
It. TS. vi IIS. 
8tL Sm. En. IM. GU 



ROMAIC AMTiguivm. 

half of an amphiUieatre.^ The benohos or teats * rose nhowe 
one another, and were distributed to the different orden fis th« 
same manner as in the amphitheatre. The foremost rows next 
the stai^e, called orchegira, were assiffiied to the senaton and 
ambaiiMulorB of foreign states ; fourteen rows behind them to 
the equites, and the rest to the people, llie whole was called 
€AVSA. The foremost rows were called cavea prima, or cma ; 
the last, cavea ultima or manma ; the middle, cavea media,^ 

The parti of the tlieatre allotted to the performets were 
called sceika, pastecenium, proscenium, pulpHum, and orcAesfro. 

]. ScKNA, the scene, wa« adorned with columns, statues^ and 
pictures of rarious kinds, aooording to the nature of the plays 
exhibited, to which Virgil alludes, Ma. I 166, 433. 'Hie orna- 
ments sometimes were inconceiTably magnificent* 

When the scene was suddenly changed by certain machines, 
it was called sckna vniaATiLis ; when it was drawn aside, acavA 


The scenery was concealed by a curtain,' which, contrary to 
the modem custom, was dropt ' or drawn down, as amonr us 
the blinds of a carriaae, when the play began, and raised^ or 
drawn up when the pfay was over; sometimes also between tlus 
acts. The machine by whit^ this was done was called kxostra. 
Curtains and hangings of tapestry were also used in prig's te 


IR the BoBUi tkMtrc, tkt 

■tnactioD of th* oroliettra cud 
■tmg« WMM follow* — ^Tho fbr> 
nor was booaded lowwds tlM 
carM bjr a oenlcirele. (Jon* 
ploto iko drolo, draw the diatao- 
ten BBf HH, perpcndieukr to 
•■eh othor, and inaeribe four 
equllatoraJ triangles, whote vor- 
tioM fhall fall aaveralljr apeo 
the oods of tho dtanaton ; tho 
twelve aa^Iea nf the Irlanglee 
will divido the elreuDifBreoee in* 
to twelve eqaal portiou. Tho 
aido of tho triaaffle opp<i«tle to 
th« ancle at B « ill bo pwallrl 
. to the dianeter H H, and dtter- 
' minoa the place ••! the aeoao, a* 
HH doteraiinei ihe friWit of the 
staco, or pttlpnum. Bf tiih 
eonatroetion the aUgo la brought 
woarer tn the audieore, and aade 
couaiderably ienn than in tho 
Oreok theatre, ita de|«h being 
dotormiaed at a qeartor of the 
diamotar of iho orihaalra, which 
iifiOlf waa BMialljr a third, or 
aoeiewhai nuHv, of Mie diaaoter 
of the wiiole baU«iing. The 
length of the auge wa« twiee 
the dianeter of the oreheatra. 
The bierMted depth or the ata^e 
waa rendered neoeaaarjr by the 

greater nnabor of . 
aembled oa it; the'ehoms and 
aaoaieiana being plaeed faorv bjr 
tho iUHaaaa. A farther ennao' 

Sienco of Ih* conatmetion la, 
at the •IrauaifenKioe of tho oa* 
vea eoold not exceed ono hun- 
dred and eightj degrees. Sono- 
timoa. howrver, the eapadiy of 
the theatre waa iooreaoed by 
throwing the atage farther back, 
and eoabnning the eoata inrlcht 
lineo porpendicnlar to tho dta- 
mrler of tne orebeetra. Thia io 
the eaao in thr grv«t theatre at 
Ponpeii. Within tho oreheoira 
were drealar ranges of seata for 
the senate and other diatingniah. 
ed persona, leartng a level plat- 
form in the centre. The seven 
angles which fa I within the cir> 
ciualereaee of the oretioatra Mark 
the pWo* at which aralrcaa^ 
np to tho firat prselnctio, or 
landing, were to be plae^; 
thoae leading frnm theaoe to tho 
•ecoad if thrre wore more than 
one, were plaeed interaiediatelf 
oppoaite to tho centre of eeoh 
ouieua. The nuaibor of 8tatr> 
cases, whether aeveo, fire, or 
three, of eouree depended on the 
aixe of the theaUc. la the great 
Itieairea of Rooae, 'he apaoe lie- 
iweon the orchestra and Aret 

MMciMtio, nsaallf ooMiotxag of 
fourteen seata, waa roaorvad for 
the eqnestrlan ordor, Iribanrs, 
ftc : all ahwo these ware ti» 
aeats of tho plebeiana. Wonrw 
w«ie appointed b/Aagnoliia lo 
ait in the partieo« whUi aneowi- 
paased the wfaols 11* lew-ear 
rang» of aeata waa laioed «b«v<r 
the area of the oreheatrs on'^- 
aixth of lla diaaieter; tt» hMghi 
ot Nch seat isdireelad oMto ex- 
eecd one foot four iodMa, nor to 
be leaa than one foot tbraoi. Tb« 
breadth is not to Oxoeed two toec 
bar ino h oa, nor to be laoa than 
OHO foot ten. llie atage, to eon* 
•■It tho eonrralenee at thooe 
who ait in ttir orchestra, la oolj 
olevaicd five fwt. loao than half 
the height given to th* Qbeci>n 
Rtagr. The five aiyloa of the 
triangles not yet diapoMd of do> 
temine the diapoeittott of tb« 
Boano. Oppnslw tito ctortre pbo 
ai« the regal dovn; oa oarh 
side are Ihoee by whieh the se- 
eondary oharaotora oatorcd. Be> 
bind the aeotio, aa in the Qntk 
thnatra, thero wore Bpurtaenrs 
ftir the avtor* to re^re iato^ and 

tho w-holo waa oaually aarreond- 
ed with portioooa and gardeaa. 

Theae porticoea woro faitaralty 
nsed for rehoaraat. 

I Piia. aixvl. 16. 
t gradns vol conn. 
3 Soot. Aug. 44. Cie. 

Sen. 14. 
4 Vitr. V. 8. Val. Max. 
iL 4. C. Plin. xsxvi. 15. 

a. 91. oftonar ploral 

i Serv. Virg. O. lil »t. 7 premebatur. 
d aubaam rel aiparinm, 8 toUehatnr. 

LXVTme 07 SOLDI DM. 299 

lwiiM0, called. OMtoa Aiiaiiea, because aaid to have been fini 
loveoted al ihe ooort of Aitaiui, king* of Pei^mns, in Asia 

S. FeetaciimiiM, thetplace behind the scene, where the actOTt 
d reaaad and nndreesed ; and where those things w«re sopposed 
to he done wfaieh ooiild not with propriety be exhibited on the 

X PaoacBiiniM, the place before the seeney where the actors 

f ho pkoe where the actors recited their parts was called 
PuutTOx ; and the place where they danced oacHssTRA, which 
was aboot five ftet lower than the puipUum, Hence ludibria 
seena ei pmipiio digna, bolEwneries fit only for the stage.' 


Thk Romans were a nation of warriors. Every ciUaen was 
obliged to enlist as a soldier when the public service required, 
from the age of seventeen to forty-six ; nor at first could any 
one enjoy an office in the dty who had not served ten campaigns. 
Every foot soldier was obliged to serve twenty campaigns, and 
•very horseman ten. At first none of the lowest class were en- 
listed aa soldiers, nor fineedmen, unlem in dangerous junctures. 
'3at tfafia was afterwards altered by Marius.* 

The Romans^ during the existence of their republic, were 
almost always engagea in wars ; first with the different states 
of Italy for near 500 years, and then for about 200 yean 
more in subduing the various countries which composed that 
immense empire. 

The Romans never carried on any war without solemnly 
prodaimlng it This was done by a set of priests called fbcialks. 

When the Romans thought tberoseives injured by any nation, 
they eent one or more of these feciales to demand redress ; ' 
and if it waa not immediately given, thirty-three days were 
granted to consider the matter, after which, war might be justly 
decUured. Then the feciales acain went to their confines, and 
having thrown a bloody spear into them, formally declared war 
against that nation* The form of words which he pronounced 
before he threw the spear was called CLARieATio.^ Afterwards 
when the empire was enlarged, and wars carried on with distant 
nations, this ceremony was performed in a certain field near 

, I Iter. ■k.U.lSS, Aft. Vhi. An. I. 701. SI. ssiL 11. 57. SaU. 6 Ur. I 8S. 

foH W. Od. n. 9». 2 Uor. Art. Pmu ISL Jac. 8B. e*U. btI. 10. 7 a elwa voM fu at«i 

15. S«i. it. a M. On hmonL W. 1178. < adrM r«iMftMdM.MT. batv, Stnr. VIrg. Jbi. 

M«t. iiL IILJbv. tU S Vitniv. t. 0. Plia. i v. 80. us viti 46. Vtr. Ix. AS. s. 14. PUn. sail 

166. Cic. prev. rai«. Ito. iv. t». L. L. ir. U. Dionr. IL 8. 

C. Ptf>. ii. a. l«. Scrv. i Fplyk vi. 17. liv. x. TS. 


BOMAH AimiiinTiBt. 

ih« city, which was called aobr HosriLfa. Thoa AtupMtt de- 
clared war professedly afi^nst Cleopatniy but in reality i^aintt 
Antony. ^ Marcus Antoninus, before he set out to tSb war 
against the Scythians, shot a bloody spear from the teaiple of 
&llona into the offer ho»iiU$} 

In the first aces of the republic, four leffions for the nrast 
part were annually raised, two to etch consul ; for two legions 
composed a consular army. But oftener a greater number 
was raised, ten, eighteen, twenty, twenty-one, twenty-three.' 
Under Tiberius twenty-five, even in time of peaoe, beaides the 
troops in Italy, and the forces of the allies: nnder Adrian 
thirty. In the 529th year of the city, upon a report of a 
Gallic tumult, Italy alone is said to have armed 80,000 cavalry, 
and 700,000 foot.' But in after-times, when the lands %Tere 
cultivated chiefly by slaves,* it was not so easy to proours 
soldiers. Hence, after the destruction of Quintilius Varua and 
his army in Germany, A. U. 763, Augustus could not raise 
forces even to defend Italy and Rome, which he was afraid th« 
Germans and Oanls would attack, without using the greatest 

The consuls, after they entered on their office, appointed a 
day,' on which all those who were of the military age should be 
present in the capitoL' 

On the day appointed, the consuls, seated in their ewrale 
duuri^* held a levy,' by the assistance of the military or legionary 
tribunes, unless hindered by the tribunes of the oommonSk'* It 

I Ot. v. rl. fO$. DiA t Tm. Aa.S|wrtlltt,if. 7 UnsxH. SI. PMybi. 

Int. » J. 4. Plla. Hi. SO. •. tW v1. 17. mu. 

I Llv. fl. M. ▼!. 11. v«. 4 LIv. Tt. It. 8 Tlia Srat oftk* abov* • delMtSH 

•)•.■»• 1* nHr. 11. fOla.bci.SI. raraiecaainwMlbaml 10 Uv. lii. CU W. 1 . 

avi tS. uTii. M. • 41m a^iwlNUit, t»I m H«i«aba4m, th* 

nrfM. ft. SK& B. ladiwteai. aMoad is lakta ' 

LBrrcfo or totDiiM. 301 

WW toermiiwd by lot in what manner the tribes should be 

The eontuU ordeved sach as they pleased to be cited oat oi 
each tribe, and every one was oblij^etl to answer to his name 
under a severe pi>nalty.' They were careful to choose ' those 
fitst> who had what were thought lucky names,' as, Valerius, ' 
SaiTins, Statorius, &c^ Their names were written down on 
tables; hence teribert, to enlist, to levy or raise. 

In eertain wara^ and under certain commanders, there was 
the greatest alacritir to enlist,' but this was not always the case. 
SooMtioMS compulsion' was requisite; and those who refused' 
were fivreed to enlist' by lines and corporal punishment. 
Hometimea they were thrown into prison, or sold as slaves. 
Some cut off their thumbs or finsrers to render themselves unfit 
fcreerviee: hence poUiee irunct, poltroons But this did not 
scteen them from punishment On one occasion, Augustus put 
some of the most refractory to death.'' 

lliere weie, however, several just causes of exemption from 
militavy service,^ of which the chief were, age,'* if above dfiy ; 
disease or infirmity ; " oflicey^* being a magistrate or priest ; 
favour or indolgence ^ granted by the senate or people.'* 

TiMse alao were excused who had served out their tima^' 
Such aM claimed this exemption, applied to the tribunes of the 
eembooa,^ who judged of the justice of their claims,'' and in- 
terposed in their behalf or not^ as they juds^ed proper. But this 
was MMMtimes forbidden by a decree of the senate. And the 
tribunes themselves sometimes referred the matter to the 

In sudden emergencies, or in dangerous wars, as a war in 
Italy, or against the Gauls, which was called tumultus," no re« 
gavd was had to these excuses.''' Two flags were displayed '^ 
from the capitol, the one red,** to summon the infantry,*^ and the 
ether green," to summon the cavalry." 

Oft such occasions, as there was not time to go through the 
usual forms, the consul said, gm rbmfublicam salvam xssb vult 
MC axguATva. This was called ookjuratio, or evoccUio, and men 
thus raised, cokjchati, who were not considered as regulai 

1 Liv. BL 11.41. OdL lT.53.Tii.4. 1« Nat. £8 dttoctui tm» rmam 

x'i.lTaLMabTkS,4. 10 Dio. Ivi. U DIonr. D. iL2. Uv.suut.l9. tfoniban habitos ••* 

t tatfvm. TH.Cie.CK.S4.SMt. 17 eaeriU, qal ttl^a' Ur. ti{. 11. IB. Tiit. 

S kvM mmimu Anc. M. VeL Mm. tL dia esptorlmat, ^ 90. z. SI. 

4CI0.OIT.1.4*. PMt. a.7 d'fuKti,0T.Aa.U.9. S8 Tax ilia nblata val 

fa voea Itmn L«en- II TaeatlonU mUkfai M. proUU aoat. 

naa. TelaaiBlta. 18LiT.H.<9. 24 roaaam. 

• •mUn Urn, Uyi a. U aUa, Ut. ilii. Si^ U caaaaa eogMaca. 16 ad padltaa 
SS.cHi.ML ai. beat daa. 

• owmMa. is Morbaa val tUIm, U Lir. noir. M. aliU SO oaniiaam. 

7 ralbMttril, mI aUU S«Mt. Aas. 84. ^83. S7 SarT. Vlrg. Mi 

!!■■ iimlali iBl. M hHMT, Hat. CaaU. SI ^«iaal tioior amllaa, tIU.4. 

Tm. Sd. t*1 a tumoo, C1c. Phil. 88 Ut. nti. 88. xW. t 

IS kaaaSchua. t. Sl.Tiii. l.gitla.Tll.8. C«a. BalL Q. tIu 1- 



Soldiers raised npon a sudden alarm ' were called sraiTAmii,* 
or TUMULTUARii, Rot Only at Home, but alao in the pronncee, 
when the sickly or infirm were forced to enlist, who were called 
CAusARii.^ If slaves were found to have obtruded themselves 
into the service/ they were sometimes punished capitally.* 

The cavalry were chosen from the body of the equites, and 
each had a horse and money to support him, given them by 
the public' 

On extraordinary occasions^ some eqoites served fm. thair 
OYvn horses.^ But that was not usually done ; nor were then, 
as some have thought, any horse in the Roman army, but firom 
the equites, tiU the time of Marius, who made a great alteralioii 
in tlie military system of the Romans in this^ as well as in other 

After that period, the cavalry was composed not merely ot 
Roman equites, as formerly, but of horsemen raised fkem Italy, 
and the other provinces ; and the infantry consisted chiefly of 
the poorer citisens, or of mercenary soldiers, which is jimtly 
reckoned one of the chief causes of the ruin of the republic 

After the levy was completed, one soldier was chosen to 
repeat over the words of the military oath^' and the rest swore 
after him.' Every one as he passed along said, iobm m m.^" 

'Hie form of the oath does not seem to have been alwaye the 
same. The substance of it was, that they would obey their 
commander, and not desert their standara^ &a Sometimes 
those below seventeen were obliged to take the military osfclu" 

Without this oatli no one could justly light with the enemy. 
Hence sacramenta is put for a military life. Livy says, thai it 
was first legally exacted in the second Funic war,'' wiicre he 
seems to make a distinction between the oath (sACBAMsmniii) 
which formerly %vas taken voluntarily, when the troops were 
embodied, and each decuria of cavalry, and centory of foot, 
swore among themselves {inter se equites decwriaH^ peditee cvi- 
turiati Lonjtarabanl^) to act like good soldiers, {eeee fugm ac 
^ormidinie ergo non abituros^ neque ex ordime receeeuroe^ and the 
oath (jusjurahdum) which was exacted by the military tribonea, 
after the levy, (ex vohmtario inter ipeos fiedere a trUmnie ad 
legitinuunjuri^furandi actionem translatwoLS On occasion of a 
mutiny, the military oath was taken anew.^ 

Under the emperors, the name of the prince was inserted in 
the military oath, and this oath used to m renewed every year 
cm their birth-day, by the soldiers and the people in the pro- 

1 intumaita: buii, ta- 3 Lhr. i. 87- vl. 8. uxr. 8 ^ni raliqnii wba ■»• 11 ■MruMMlo v«l -na 

■iBltui •Maunqua 2.XL96. eraoMiiti piaint diecra, Llr. liLaQ.n*. 

I«W mMa bailiui, 4 iatrr lifwin. 9 i« Twbft •]«• Jan' a& xxii. M. »▼. 5 

Ut. IL W. 6 ia aoi uiaadverwrn baot. Oall. a«i. 4. 

t iu ivanUiM rasilki act. Ptia. Bp. s. 18,89. !• FMiin ia pnrfara. 18 nU. 38. Cte. OC k 

ina&aiiC,Uv.ia.4. SLU. i.4S. tioMf, Li*. Ml. 4S. n.JttTxvi.8S. 

7 LiT. 7. Pjlxb. vL l». 13 Lit uvtU. fl. 


▼incei, also on the kalends of January.^ On certain occasions, 
pavaons were sent up and down Ihe country to raise soldiersy 
cailed cowguxsiTOBis, and the force useif for that purpose, 
coflBcmo Tel cmquisUio, a press or impress.' Sometimes par- 
ticoUr oommifiiioners' were appointed for that purpose. 

Veteran soldiers who had served out their time/ were often 
i*adaoed again to enlist^ who were then called btocatl Galba 
f^re this name to a hody of equites, whom he appointed to 
guard Ins person.' llie OYOcati irere exempted firom all the 
dm^ievy ci' military serrice.* 

After Latinra and the states of Italy were subdued, or admitted 
into allianoe, they always furnished at least an equal number of 
inlaiitry with the Romans^ and the double of cavalry, sometimes 
more.' The consuls, when about to make a levy, sent them 
noiiee what number of troops they required,^ and at the same 
iHBe appmnted the day and place of assembling.' 

The MToea of the allies seem to have been raised ^^ much in 
the aanie manner with those of the Romans. They were paid 
by tbeir own stales, and received nothing from the Romans but 
ooni ; on which account they had a paymaster (qudutor) of their 
own." But when all the Italians were admitted into the freedom 
of thm city, their forces were incorporated with those of the 

The troops sent by foreign kings and states were called 
auxiliaries.^ They usually received pay aud clothing from the 
repoblic, although they sometimes were supported by those who 
sent them. 

The fint mereenary soldiers in the Roman army are said to 
have been the Celtiberians in Spain, A. U. 537. But those 
muBt have been different from the auxiliaries^ who are often 
mentioned before that time.'' 

Under the emperors the Roman armies were in a great 
meaaore composea of foreigners ; and the provinces saw with 
regiel the flower of their youth carried off for that pufpose.^* 
Eaofa district was obliged to furnish a certain number of men,', 
in pnoportion to its extent and opulence. 

1 SMb Qalk, lA, Tm. pmdiw. m* ■. M. 11 Polrb. vi. LIt.xxtI 
An. KTi. U. KkL l i Suet. Oalb. 10. Ur. S ad sooia* LatimB^itt 9. 11. 

IS. Ir. SU Plio. Ep. s. xxzrii. 4. Ok. Fwik mmbmi ad milUM « 12 ■axUiarM ailitM Tei 

JUL Pm. te. ilL 7. Cm. B«1L dr. fbnnaU accIptaodM moAlim, ab aageo. Cio. 

2 UT.ul.ll.zxill. SL ' in. Sa. S«U. Jag. 8k nlttnit, araa, ula, AM. ri. <. Var. FmI. 
Cic. ftnr. cMa. t. AU Di». mlr. 19. alia panri JulwDt, Ur. II Ur. nS. 40. 4S. 99, 
vU. 31. Hist. BcQ. 6 eaUronin ImnnaM, nlL 97. BA. xsit. tt. xsiv. 48. 
AiauC niti propulaandi hMtla, 9 quo eoaTealrant, Uv. 14 Tac HlaU It. 1& 

« tri«nTir1,Llv. XZT.5. Tac. Ann i. M. xsxW. 36. xxxvii. 4. Agric SI. 

4 kMinta aarllia all. 7 Ur, viiL 8. ssli. W. 10 leriptiTalemacripd. 



ROMAM AvnguiTi] 


Aftkh the leyy was oompleted, and the military oath adminis- 
tered, the troops were formed into lenona^ Juadi legion was 
divided into ten cohorts, each cohort into three numtjpto, and 
each maniple into two centuries.' So that there were thirty 
maniples, and sixty centuries in a legion ; ' and if there had 
always been 100 men in each century, as its name imports^ the 
legion would have consisted of 6000 men. But this was not the 

The number of men in a legion was different at different 
times.* In the time of Polybius it was 4^00^ 

There were usually 300 caralry joined to each Iq^oi^ caUed 
JUSTUS EQUiTATUs, or ALk,^ They were diyided into ten turmm 
or troops ; and each turma into three decurim^ or bodiea of ten 

The different kinds of infiintry which composed the legfioo 
were three, the Aosfol^ principe$, and tnariu 

The HASTATi were so called, because tliey fiiat fought with 
long spears,' which were afterwards laid aside as inconTenient. 
They consisted of young men in the flower of life, and formed 
the lirst line in battle.' 

llie PBiNCiFSs were men of middle age in the ▼igour of life : 
they occupied the second line. Anciently they seem to have 
been posted first ; whence their name. 

The TRiARii were old soldiers of approved valour, who formed 
the third line; whence their name.^ They were also called 
piLAiri, from the pilum or javelin which they used; and the 
hastati and prindpeMf who stood before them, ahtepiIiahl 

There was a fourth kind of troops called vbSiItks, from their 
swiftness and agility,' the light-armed soldiers,"' first instituted 
in the second Punic war. These did not form a part of the 
legion, and had no certain post assigned them ; but fought in 
scattered parties where occasion required, usually before the 
lines* To them were joined the slingers and archers.*^ 

1 I«Kto a I«arado, ^aU 
■Uius la dclaetalMa- 
baotur, VajT. 1^ L. iv> 
16. whkh word b 
•9ai«Uaa« pat fnr an 
amy. Ur. 0. tf. Sail. 
JaiC. 79. 

S Bianipalns, aa aaaU 
pnle f\ fMciealo te- 
al, baala val partiaa 
loaga aUigato, 4)Bcn 
prv tlfao arlmaai ft- 
rthat, 0». F. Hi. 117. 

t Oall. ktL 4. 

4 LIT. vB. S. rllL 8. 
aavL as. aaU. H alii. 

ai.aim. is.Cm.a& 

iiul06.B ALm. 
8 Ur. iU. es. 

6 haua. 

7 Varr. L. L. ir. IS. 
Lir. viU. 6. 

8 Dioar. Tiu. 86. 

a Tvlaado ral valad- 

10 mliUcs toria araiata> 
r«. Tal Bspaditi, val 
leria wmatarai Lir. 
axri. 4. 

11 Paadtoiaa, Bala- 
arM, AahaU <ic. Uv. 
sal. 21. mriii. 87. 

axzTlIi. S9. 81. Saidtt»> 
rQ, CratMaaa, Arabca, 
Ate. Lir. xszvil. 40. 
xlii.35.— Thatllng waa 
■inch oaad by many ra* 
tJona. Tha Baieari- 
aa*, or tha paopla of 
Uw blandi now calkd 
Majorea and Minorva, 
aaoaUcd at tha lUag. 
Tkay war* w attaatira 
la •■arabing tkair 
yoath la tha rum of it, 
that tkcy did Mt fhra 
Ikam thair food la tlM 
■MTidaf tUI thay had 

hU a naik. Tha Ba- 
bariaaa trara rary 
■aeb aaplovad b tha 
araia* oi tM Cartka- 
giabat aad Ranaai, 
aad graatly aaatrtliali J 
to tha gaiaiagof ntl»- 
riaa. lilry naationa 
■oma eltba af Ackaia. 
EgioBi, Patm, spd 
:jf on, whoM iakaU- 
taaU vera still aiar* 
dactMVoa at tha tlinK 
than tha Babarbi><. 
Thay thraw atoa*t Uf- 
thar, aad with grauar 

Ths lifhl-«niod troopi were sncisntly adl*d firattfrrii, 
rvrarii,' Bud, acumUngto soma, accentt Otlwn make Uw 
aectmi supernumeniry soldien, who atlended ths uiny \a supply 
thfl plmce of those lej{ionary loldien uho died or ners •tiin.* 
In tn« meantime, howerer, tbey were nuiked among tha ligbt- 
ormed troops. These were formed into distinct companle*,' 
and are lonietiiaes oppoted to the legionary cohorts.' 

Th« soldien vrare often denominated, especially under the 
emperora, from ihe number of the legion in whicli they were; 
thus, yrintam, Ihe auldien of the Brat tefi-ion ; ttcundam, terli- 
mti, qitartani, fumJont, deeimani, terliadeevaam, vittaimard, 
duotfactcuttnont, Aio el vicaimmi, &c.^ 

The iwfilei were equipped with bom, slingi, wren javelins iir 
■p«ar* with tlender points like arrows, bo Uiat when thrown 
tney bent and could not easily be relumed by the enemy;' a 
Spanish iword, having both edge and point; 'a round buckler 
(riBHA) about three f««l in diameter, made of wood and covered 
with Mther; and a helmet or cauue for the head (ajiLRi vel 
f/aUruii), g«ner»Ily mode of the skin of some wild beast, to 
appear the more terrible.' 

306 moauf lUiTigviTim. 

Thfl Hmu of the haitati, praietpet, and triarii, boA dafen- 
■ve ' and offeiuiv*,* nere ia a gnai, meaanre tli« aame : 

1. An nblonj shield (scutoh), with an iron bon (ombo) jut- 
ting oat Id tiie middle, four feet \on^ and two fo«t and a hajf 
broad, made of wimkI, joined together with little plalea of iron, 
and the whole coTered with a bull'i bide : lometimaa a roond 
ibield ictTma) ni & smaller aiie. 

S. A head-piece (sub* rel 
ea»tU T. 'ida) of brua or iron, 
coming down to the ihonlden, 
but leaTing the face oncorered, 
whence the command of Caaar 
at the battle of Fhanalio, which 
Id a great measure determined 
the fortune of the day, ficiem 
fXBi, KiLU — soldier, strike the 

face.' Tompey's cavalry being . 

chiefly compoted of young men 
of rank, nho were as much afraid 
of having [heir Tiiagea disfigured 
aa of death. Upon the top of 
the helmet was the crest (cRisTx), 
adorned with plumes of feathers 
of Tariou* colours. 

3. A coat of mail (lobiCi), generally made of leather, coveted 
with platet of iron in the form of scales, or iron rings tnlstsd 
within one another like chsini.* Instead of the coat of mail, 
most used only a plnte of braw on the breast (thorax Tel pto- 

DiVMioir or vwt troots. 



4. GfeftTM for tho 

legs (ocbka),' some- 

tiBM only OD the 

riglil leg, and a kind 

of rhoe or oovenDg 

for tbo foot, callod 

caiiga^ §et vnih nails,* 

iMod chiefly by the oommon tokLien,' whenoe the emperor 
Galigola had his naaae. Hence eaUgutim^ a common 
soldier ; Marios a caliga ad eontrnkdum perduetut 
from being a common Mildier.* 

5. A sword (gladiia to^ Mfu) and two long 
javelins (pila.) 

The cavalry at first osed only their ordinary 
clothing for the sake of agilhy, that they might 
more easily mount their horses; for they had no 
stirrups (sTAPLB vel wtavwdm^ as they were lAerwards 
called.) When they were first used is uncertain. 
There is no mention of them in the claasicSy nor do 
they appear on ancient coins and statues. Neither 
had the Bomans saddles such as oun^ hut certain 
coverings of doth' to sit on, called xpbippia, vel 
svnATAy witfi which a horse was said to be covstra- 
Tus. These the Germans despised. The Numidian 
hone had no bridles.* 

But the Roman cavafary afterwards imitated tile 
manner of the (sreeka, and used nearly the same 
armour with the foot Thus, Pliny wrote a book df 
jaeuiaHom etpuHri^ about the art of using the jave- 
lin on horwback.' 

Horsemen armed cajhO^pU^ that is, completely 
from head to fool; were called loricati or cata- 


In each legion there were six military tribunes,* 
who commanded under the consul, each in his turn, 
usualiy month about In battle, a tribune seems to 
have had the charge of ten centuries, or about a 
thousand men; hence called in Greek x^M^x^r, 
vel -Df. Under the emperors they were chosen 
chiefly from among the senators and equites ; hence 
called LATiCLATii and aroustiglavix. One of these 
seems to be called triburds cohortis, and their 
command to have lasted ouly six months; hence 

1 Uv. h. 4fli lag^M t givgaHi «^ 

trmm, VIn. Mm. st Urw aUiiM. 


M. 1^ Am. I. 41. Ci«. 

AU.B. t. 

B natia gtriyiki, 

4 S«B. Btm. ▼. 1€. 8««t. Har. Kp. i. M. 44. 

Cm. a. O. iv. t. 

7 Pfllyk vl ta PUn. 
Rp. Di. 4. 

8 MT. uv. 48 xnvfl* 

9 M* p> in. 

308 ROMAN AVTiguiTin. 

called •BMBiTBu tribuvatus, or bbmbstbs auruh,^ bocaiiM diey 
had Um riffht of wearing a golden ring. 

The taibun«6 chose the offioen who commanded the oon- 
tiuiesy' from amonir the common soldiers, according to their 
merit' But this office* was sometimes disposed of by the con- 
sul or proconsul through fiivour, and e^en for money. 

The badge of a centurion was a vine-rod or sapling (ttrw)* 
hence vite donarij to be made a centurion ; vHem pateere, to 
ask that office ; gerere^ to bear it.^ 

There were two centurions in each maniple called by the 
same name, but distinguished by the title prior, former^ and 
pasferior^ latter, because the one was chosen and ranked before 
the other.^ Under the emperors persons were made centurions 
all at once through interest^ 

The centurion of the Am century of the first maniple of the 
triariiy was called centurio priad pUi^ vel primi ordmu, or 
primui pilu9, prmxpUuM^ or primopiba^ also primus centurio, 
qui primum pibtm ductibat, dux Ugionii (o nytf^u* rw rmy^ 
^«r«f.}' He presided over all the other centurions, and had 
the charge of the eagle,^" or chief standard of the legion, 
whereby he obtained hoth profit and dignity, being ranked 
among the equites. He had a place in the council of war with 
the consul and tribunes. The other centurions were called 
mimnu ordine}^ 

The centurion of the second century of the first maniple of 
the triariiy was called primipilu8 posterior^ so the two cen- 
turions of the second maniple of the triatii^ prior caUurio, and 
posterior centurio secundi pili^ and so on to the tenth, who 
was called centurio decimi piU^ prior et posterior* In like 
manner, primus princeps, secundus princeps, kc Primus has- 
tiztus, &c Thus there was a large field tor promotion in the 
Roman army, from a common soldier to a centurion ; from 
being the lowest centurion of the tenth maniple of hastati^ to 
the rank of primipilus. Any one of the chief centurions was 
said ducere honeslum ordinemj to hold an honourable rank ; as 
Vinrioius, Liv. iii. 44. 

Ilie centurions chose each two assistants or lieutenants, called 
opTiONBs, uragi, or succenturiones;^ and two standard-bearers 
or ensigns (sioNirsRi vel vexillarii,) ^* 

He who commanded the cavalry of a legion was called p&b- 


1 Jv*. Til. a. Plla. Br. 5 Ge. Pit. M. vil. M. 41. sxv. IS. torler, Liv. lUU S4. 

iU. U. It 4. Swt. Olh. « Luc. ▼{. 14S. Jwr. Cto*. B. O. ii. t>. 18 Ur. rUl 8- FcatM 

10. Lir. aI. 41. Her. xlv. 191. TiiL 947. PHiu 10 aqutla. la cplio. 

Sm. i. e. 48. *W. 1. ■. S. T»o. U tS. 11 Tw.Hitt.UI.B. Val. 14 Ut. tL & «sv. 1 

S CMtiirlnnm T«i «rdi- Or. Art. Am. 1. 90. Max 1. 6. U. Jut. Tm. Ann. Ii. 81. HitU 

Bundwtnrvt. 7 Tae.Aiu>.i.82.DiM7. siv. 1B7. Mul. L 88. i. 41. iii. 17. Cte. Oiv* 

8 Mr. x)ik 84. Cm. Ti. h. la Or. Am. iii 8.80. i. 77 

38. Lue. {. <4A. Ti. 14». 8 Dio. Iii. 35. Pimt. iv. 7. tft. 48. 18 PUa. Bp. iH. 1 

4 watarlMvm*. 9 IHonf. ix. 10. LiT< UdMlmwiMttatMpOT* 

Ettk Imma had tkn* omidsimm w cowmmkIww of ten, t»t 
k« wbo NH finl electad comBWMlad the troop, and ha km calM 
onx TvimM. Each dtatrio Ind aa ofrtio at daput; ander him.' 

Tbfl troopa of th« illiM (whieh, ■• wall ai Iha bone, irara 
Gsllad aJt, from their heiaf( HatioB«d on tha wiof^f), had pM»- 
facta (rBATBCn) appoiolad tbein, who eoaamidcd in th* tana 
MMiDW H the legionary tribunes. HMy were dinded into 
cohort*, M tha Romsn iofantry.' A third part of the hone, and 
» fifth of th« foot of the Blliee, were lelectad and posted near 
Um RODsul, under the name of ■xnuoaamimii, and one troop 
called iBLBCTi or Mtiedi, to aerre ai bia life-fruBrdi.' 

It ie probable that tha armt buI InTerioF treats of the allied 
troopa were much the saraa with tboae of the Bamaos. 

Two legiona, with the due Dumber of cavalrf,* and tha aUiai, 
fontad what was called a oonndar araij,* aboat 90^000 van, in 
Iba tiaia of Folybina, 18,Soa' 

Tlw omsul appointed lieutanant^naiala (LiaiTi) Dudar him, 
9n» ar mora, BCixirdin|[ to the importnDee of tha oar.' 

When the consul parforued any thing; in panon, ha was aaid 
to do it by hiioim conduct and autpicea;* bnt if his kffalutiir 
my other penon did it by biacDnmaDd, it wa« aaid to ba done' 


by the auspieat of the oonsul and conduct of the Ugcstm, Im 
this manner the emperon were aaid to do every things by thw 
auspices althongh they remained at Rome;^ hence autpicittf 
the conduct. 

The military robe or doak of the general was calied 
PALUOAMBNTUM, or chiomyg, of a scarlet colour, bordered with 
purple ; sometimes worn alio by the chief officers,' and, accord- 
ing to some, by the licton who attended the consul in war.' 
Ghlamts was likewise the name of a travelling dress/ hence 
chlamydatuty a traveller or foreigner.* 

llie military cloak of the officers and soldiers was called 
SAeuH, also chlamy*, an open robe drawn over the other clothes, 
and laskened with a clasp,^ opposed to toga, the robe of peac». 
When there was a war in Italy,^ all the citizens put on the 
tagvm: hence ett in 9agis civitas, sumere saga, ad saga im 
et redire ad togtUt also put for the general*s robe ; thus, pinioo 
bigubre tmUavit sagum, u e. depomU coccineam chlamydtnt 
Antonius, et accqtit nigram, laid aside his purple robe and p«t 
on mourning.^ 



Thb discipline of the Romans was chiefly conspicuous in their 
marches and encampments. They never passed a night, even 
in the longest marches, without pitching a camp, and fortifying 
it with a rampart and ditch.' Persons were always sent before 
to choose and mark out a place for that purpose ;^" hence called 
MBTA TORES *, thus, oUtris castris vel secundts, is put for altera 
die, the second day ; tertiie castrie, quintie castrie^ &cJ^ 

When the army staid but one night in the same camp, or 
even two or three nights, it was simply called castra, and in 
later ages mansio ; which word is also put for the journey of one 
day, or for an inn,^ as oraBfccg among the Greeks. 

When an army remained for a considerable time in the same 
place, it was called castra stativa, a standing camp, sstiva, a 
summer camp; and hibrrma, a winter camp (which was first 
used in the siege of Veji.)" 

The winter quarters of the Romans ^vere strongly fortified, 
and furnished, particularly under the emperors, with every 
accommodation like a city, as storehouses,*^ workshops,'^ an 
infirmary,*' &c. Hence from them many towns in £urope are 

1 daeta Oa.inMiel, mi> S. Tae. Ann. xU. M, Rod. ii. 2. •. 71. Cm. B. S. tB. ak 

SflOs Tiknti,r-«»d«r eaaa paloduis darUmt, 7 in tmaaltm. IS Saet. TU. lOu Plia. 

« eoMfaMt of 0«raiA- oflletra In nd eoau. 8 Cle- PhiL v. ISL rtit. siU 14. 

idcnt mnd Ik* nfpleM Jav. t1. MS. 11. uv. I. Uor.Sp. is. IS Ut. t. a, hJbtriMi 

•t Tibtri«B, Tm. Abo. 8 Ur. sli. 10. xlv. 88L 87. cak «4ileavU, uSL 

Ii. 4L Hot. Od. U. 14. 4 rtadt vhMria. 9 Uv. alir. SBl SalL 14 annana. 

16. 88. Or. Trist. ii. 8 flaat. Ptrad. W. S. Ja^. 45. 81. IS fabrkflk 

173. Lit. iil. M. to. 7. 40. 10 caMra rnrtari. 16 valtradinariuab 

S Lir. i. SB. rUn. avi. 6 SoM. Aa«. 81 PkuL 11 Tac. Uiat. iii. 15. ir. 

HK KOHAICt. 311 

•nppoMd to hATfl had their origiu; ia Eagf^ad putieularly, 
ihcM wbow nanws eod in cMtcr or eheMrr. 

'l"h» form of the BooMa ca>n|> was k iquAre,' and alwaja of 
(he HinM K^re. In Uter ages, in imitatiou ol the (iTeelu, Ihey 
MMMiiBW made it oin«ilar, or adapted it to the nature of the. 
giMiDd.' It WW nurrounded with a diieh,' usually nine firat 

I qudnu, ( Vn. I. 

318 ROMAN AmnQViTtn. 

deep and tirelve feet broad, and a rampHit,' ounpoMd of thto 
•arUi dug from ihe ditch,' and sharp iUkm * stuck into iL* 

The camp had four gates, one on each side, called portm 

PRETORIA, vel extraordinaria^ next the enemy ; obcomaiia, op* 

• posito to the former,* porta pruioipaus okxtra and priiigipau» 


The camp was dinded into two parts, called the upper and 

The upper part ^ was that uext the porta pratoria, in whidi 
was the general's tent^' called prastorium, also auguraiiI^' from 
that part of it where he took the auspices,^' or auqustali^ with a 
sufficient space around for his retinue, the praetorian cohort, &c 
On one side of the pratorium were the tents of lieutenant- 
generals, and on the other that of the quaestor, qvobtobivUp 
which seems anciently to haTo been near the porta deaimaua, 
hence called qtuBstoria, Hard by the quaestor's tent was the 
FORUM, called also qvintana, where things were sold and mos^ 
ings held.^' In this part of the camp were also the tents of the 
tribnoes, prefects of tlie allies, the evoMti, ablecti^ and extraordi" 
nartt, both horse and foot But in wluU order they weve 
placed does not appear from the classics. We oalv know that 
a particular place was assigned both (o officers ana men, with 
which they were all perfectly acquainted. 

The lower part of the camp was separated from the upper 
by a broad open space, which extended the whole breadth of 
the camp, called principia, where the tribunal of the general 
was erected, when he either administered justice, or harangued 
the army,^ where the tribunes held their courts,^ and punish- 
ments were inflicted, the principal standards of the army, and 
the altars of the gods stood ; also the images of the emperora^ 
by which the soldiers swore,'* and deposited their money at the 
standards,*' as in a sacred place, each a certain part of his pay, 
and the half of a donative, which was not restored till the end 
of the war." 

In the lower part of the camp the troops were disposed in 
this manner : the cavalry in the middle ; on botli sides of then 
the triarii, prineipes, and htutati ; next to them on both sides 
were the cavalry and foot of the aUies, who, it is observable. 

were always posted in separate places, lest they should form may 
plots '^ by being united. It is not agreed what 

was the place of 

1 Tidfaa. rii. 79. II gain. vfiL 1 8. Lir. sitL 48. Tie Am. I. 

S BMvr. • Li*. bI. ST. s. SL xniv. 47. slL & 19. tv. t. sv. 8ft. H«r. 

1 indat, villi Ttl pkiL 7 pwt cwuoi«a mf^ 8Mt. .Nbt. SI Ptolfk. Od. It. ft. Bp. iu 1. 1«. 

4 Vlr«. O. U. as. Cm. r(or. tL IBL I» adwIanSlaiCw. 

B. L. ii. I. 15. Polfb. 8 i«ct« UfewuMla*. ]« Uv. Hi. IS TlcAa. 16 V«f. iUSB. Sm 

mvtl 14. Ik 9 Tm. Am. U. 18. *v. i.67. Hist. IlL IS. Dom. 7. 

4 ah urgo cMtrana at 88. U Jmw ndiMMt. Uv. 17 aaf aid ■>«« n|a*- 

•«:««», vel ab 18 MgaramlBRi, F««t ExrilL 81. llratar 

kMl«.L(jr.iii.«.s.8t. nlMcnratDrin,H7|. 14 Smt. 0«k. L A»r. 
Cm B. Q. li. «. Civ. d«CuirMMb 81UT.TtH.K.iB.M. 

OF ms ROMAIfl. 313 

the veiUei, They are siippoeed to hare occapied the einDty 
space between the nuiiMitB and the tent^ which was SOO net 
broad. The same may be said of the slaves (calokbs rel tenfij, 
and retainen or followers of the camp (lixa).^ Ihese were 
little used in ancient times. A common soldier was not allowed 
a skTO, but the offieen were. The lixm were sometimes alto- 
^ther prc^bited.* At other times they seem to have staid 
without the camp, in what was called paocisTUA.' 

The tents (iaUoria) were covered with leather or skins ex- 
tended with ropes : hence $ub pelUhu hiemare, darare, haberi^ 
rttmariy in tents, or in camp.* 

In eadi tent were usually ten soldiers, with their deeamu or 
petty officer who commanded them ; ' which was properly called 
coNTOBSBinint, and they coniybemalet. Hence young noble- 
men, ander the generaTft particular care, were said to serve in 
hie tent»* and were GUledhis coHTfjuBHALBs. Hence, vivere m 
comtmbemio aiicujut, to live in one's family. ConiubemalU, a 
companion.' The centurions and standard-bearers were posted 
at the head of their oompaniea. 

The different divisions of the troops were separated by in-* 
tervals, ealled yls. Of these there were ^we longwise,' i. e. 
running from the decuman towards the praUnian side; and 
three across, one in the lower part of the camp, called otmi/ana, 
and two in the upper, namely, the prmdpia already described, 
and another Jbetween the prmtorhim and the praetorian gate. 
The rows of tents between the via were called snuoiB.' 

In pitching the camp, different divisions of the army were ap- 
pointed to execute different ||rarts of the work, under the inspec- 
tion of the tribunes or centunona^^* as they likewise were during 
the encapnpment to perform different services,'^ to procure water, 
forage, wood, &c. From these certain nersons were exempted," 
either by law or custom, as the equites, tne evocati and veterans," 
or by the fevour^ of their commamfer; hence called Bmrxnci- 
ABis.** 3ttt afterwards this exemption used to be purchased 
from the eentnrions, which proved most pernicious to military 
dieel|riine. The soldiers obliged to perform these services were 
called MumncBs.^ 

Under the emperors there was a particular officer in each 
legion who had the charge of the camp, called pbavbctcs 


1 ^ iwiiiliMi MVM- S ^9i ill prafitU. II Blahttria. TiM. Am. i. S6L 

bwbir. fWMtM grs- 6 <MBt«b«rB'M •}■• mi- IS iBinaamepamBDil. 14 bnulkle. 

da, WnU IM, nBL Utm. Utarivn, in uivb pac> 11 V«itCM.B.C.I.7f 

M. 7 9ml JaL §i. Oe. M Ubaran raMivafl, 10 Vm. II. 7. I*. Tw 

••d /rMB all*. Ann. I. 17. Hirt. L 4C. 

9 Sml. J^ !». Gal. 80. Plwia. <|. 

a mSkUkx flvlrs ctttra, SidJ. Juk. 64. Plin. Ka. Ury works. ImIii« t— 17 Tac. Aan. i. 91. sir. 

WmL TtclttoUlT ar L 19. tH. M. s. 8. w^ed eatinlf f«r tb« 37. Hht. U. 2». V*^ 

4 Flvr. I. It. LIt. t. S. 8 in longu. mbkI* labaar of Afht* U. 16. 

37. a». Tm. Am. la. »^<M.. Inf. Uw.tU.7. 

3». Ci*. Ac«i. It. 9. 10 Jnr. vUi. 147. 18 V*L Mo. U. 9. 7. 


314 ROMA1V 4VTigUITIB8. 

A oerlaiti number of maniples wai appointed to keep guard 
at the g^tes, on the rampart^ and in other places of the camp, 
before the pratorium, the tents of the legati, quffistor, and 
tribunes, bodi by day and by night,' who were changed every 
three hoursL* 

ExGUBiA denotes watches either by day or night; vigilijc, 
only by night. Guards placed before the gates were properly 
called 8TAT10NR8, on the ramparts custodia. But utaito is also 
put for any post ; hence, vetai Pythagoras injtasu imperaiorisy 
id est, Dei, de prmsidh et statione vita decedere, Pythagoras 
forbids us to quit our post and station in life without the com- 
mand of the governor, that is, of God. Whoever deserted his 
station was punished with death.' 

Every evening before the watches were set,* the watch-word 
(tymMum) or private signal, by which they might distinguish 
fUends from foes,* was distributed through the army by means 
of a square tablet of wood in the form of a die, called tbbskra 
from its four corners.^ On it was inscribed whatever word or 
words the general chose, which he seems to have varied every 

A frequent watdi-word of Marius was lar drus; of Sylla, 
APOLLO drlphicqs ; and of Caesar, trnvs oRinTRix, && ; of 
Brutus, LiBRRTAs.' It was given ' by the general to the tribunes 
and pnefects of the allies, by them to the centurions, and by 
them to the soldiers. The person who carried the tessera from 
the tribunes to the centurions, was called TBssRRARnTs." 

In this manner also the particular commands of the general 
were made known to the troops, which seems likewise sometimes 
to have been done triva vooe.^ 

Every evening when the general dismissed his chief officers 
and friends^^ after giving them his commands, all the trumpets 

Certain persons were every night appointed to go round ^ the 
watches; hence called cirgvitorrs, vet circitores. This seems 
to have been at first done by the equites and tribunes, on extra- 
ordinary occasions by the legati and general himself* At last 
particular persons were chosen for that purpose by the tribunes.^ 

The Romans used only wind-instruments of music in the 
army. Those were the tuba, straight like our trumpet; cornvj 
the horn, bent almost round ; buccina, similar to the bom, com- 
monly used by the watches; lituus, the clarion, bent a little at 
the end, like the augur's staff or lituus ; all of brass : whence 

1 ac*r« cseabiM v«l poawMtv. 10 Tm. Hist. I. tS. ml. 15. usrii. I. 

■utloBM M vigUlM. 6 Uio* sUH. S4. 11 Uv. tO. U. is. SL 14 «iKUib« vd akira. 

B PUfk. Ti. 83. 8 TM««|Mf, •*, qoakMr. nrtt. M. HvUi. 14. IS Ur. imU. 1. mxvili 

S Smmt. Auk. U: Ck. 7 Palyb. Ti. St. xUt. S& !NM. Odb. 6. SI. SaU. Juf. 4&> V«» 

Sm. U UV. ssr. lOl 8 Si«rT. Vlrf . Ai. viL 18 ««■ pratariM di- Hi. 8. 

xitvBS. £87.010.47 481 aiittobM. 

4 ulaqium vifUia dii- 9 tMi«r« daU csC 18 Lir. ux. 9. xzL 84. 


thoie who blew them were called .jntBATOBn. The Aido wm 
used u a atgtul for the foot, the IUoum for the horee ; but they 
are aometimes eonfoaoded, and both called cotwluip becauae 
first made of shells.' 

The signal was giTen for cban|pn|r the watches* with a 
tniinpet or horn (htba%^ hence ad tertiam bttocimuHf for vigiUamf 
and llie time was determined by hmtr glnflnm* 

A principal part of the discipline of the camp consisted in 
exercises (whence the army was called EuaciTvs), walkiuff and 
running' completely armed; leaping, swimming;^ Tauiting' 
upon horses of wood; shooting the arrow, and throwing the 
javelin ; attacking a wooden figure of a man as a real enemy ; ' 
the carrying of weights, &c.*^ 

When the general thought prooer to decamp,*^ he gave the 
signal for collecting their baggage/' whereapon all to5k down 
their tents,'' but not till they saw this done to the tents of the 
general and tribunes ^ Upon the next signal they put their 
baggage on the beasts of burden, and upon the third signal 
began to march ; first the ex&eufrdinarii and the allies or the 
right wing with their baggage ; then the legions ; and last of 
all the allies of the left wing, with a party of horse in the rear, 
{ad agmen cogendum, i e. colUgemdmn, to prevent almgglingy) 
and sometimes on the flanks, in such order ^ that they mi|^t 
readily be formed into a lino of battle if an enemy attadced 

An army in close array was called leiuDi wvLkrvn^ Tel jmtunu^* 
When under no apprehension of an enemy, they were less 

The form of the army on march, however, varied, according 
to circumstances and the nature of the ground* It was some- 
times disposed into a square (aombh ouaobatuii), with the bag- 
gage in the middle.'* 

6eoBts (speculaiaru) were always sent before to reconnoitre 
the ground " A certain kind of soldiers under the emperors 
were called sph^latorss.^ 

The soldiers were traiued with great care to observe the 
military pace,*' and to follow the standards.^ For that purpose, 
when encamped, they were led out thrice a month, sometimes 

1 S«C JoU 92. Awoo. «. Swt. Amu. V* VU" rmlia. 91, «. nsl>> » HIrk 

H«r. Oi. i. I. tS. Virg. 8 Mlitix. Vcg. L IS. 16 Scrr. Virr. Mn. mil. Ball. 0*II. vUI. 8. Tm> 
Mm. rL 167. 171. 9 wmitw U »>l«ai, ISI. Tac Htot. L tt. Aan. I. SI. 


t TigiBis muurdk. ml pakrU, Jav. tL 17 acmiiw Incaato, i.e. 19 ad MMis tialtfMda, 

• tMia, Lm. viB. Mb a4& minut aolln, at ia. Saet. JaL H. Sail. 

baeeiiM. Lir. rii. 11. 10 Virg. O. ilL Ml. ler p>ealet daetbat Jac ~ 

'" " ... ... . _ ^^ 

Tac Hirt. r.tL U autra ■«*««. m. coiml,— Ibaeoiinl M fac Hi«t. LSI. 

4 LiT. sari. »A- IS eeUigaodl vaaa. aarekad la a earalcM •?. U. 11. SS. 7S Si 

I par alaaay^iM, V«g. U labaraaeala dtl tmd e auaaar, ■• ihroagk a Claad. SA. Oth. 5. 

■7& w« p. urn, kaat. tract whara ao hottl- U graditf aUllarl iaaa 

t dijtai*! M raljrb. t1. litj wa« to ba appra* imn, 

1 LiT. aa'dL 91k nvi. 19 eoaipaailo agaiaa, hawlad. Lit. tsar. 4. ■ rfgM Mfab 

ftL aaia.U- Pnlrb. vl. aaa MMri aagla apt*. 18 LlTani.S7.n» 4. 


316 AOMAN AKTigUITill. 

ten, aometimefl twenty miles, len or more, mm the geoenl 
inclined. They usuBliy marched at the rate oif twenty miles in 
five hours, sometimes with a quickened pace ^ twenty-fovr miles 
in that time. 

The load which a Roman soldier 
carried is almost incredible: vic- 
tuals' for fifteen days, sometimes 
mora,* nsually com, as being lightei*. 
sometimes dressed food,* utensils,' 
a saw, a basket, a mattock,* an axe, 
a hook, and leathern thong/ a chain, 
a pot^ &C., stakes usually three or 
four, sometimes twelve,* the whole 
amounting to sixty pounds weight, 
besides arms ; for a Roman soldier 
considered these not as a burden, 
but as a part of himself.' Under 
this load they commonly marched 
twenty miles a day, sometimes 
more.^ There were beasts of burden 
for carrying the tents, mills, bog« 

jrage, &C. (JUMBNTA SABOINAaiA.) 

TIm ancient Romans rarely used 
wuwons, as being more cnnibersome.'^ 

The general usually marched in the centre, sometimes in the 
rear, or wherever his presence was necessary.'' 

When they came near the place of encampment, some tri- 
bunes and centurions, with proper persons appointed for that 
service,^ were sent before to mark out the ground, and assign 
to each his proper quarters, which they did by erecting flags '* 
of different colours in the several parts. 

The place for the general's tent was marked with a white 
flag, and when it was once fixed, the places of the rest frilowed 
of course, an being ascertained and known.^ When the troow 
came up, they immediately set about midcing the rampart," while 
part of the army kept guard ^^ to prevent surprise. The camp 
was always marked out in the same manner, and fortified, if 
they were to continue in it only for a single night."' 

1 p*d« w«l Hiiiba d- S7. 9 ■»• ■■■b rt iirilliM k. SL 

lata, V«g. L C i atrntma, lb. «. doMlwat, Ok. Tms ii. IS can ••tMerfeai. 

S «ihvUu e nttronu It. I< vnilia. 

• Vlr>.O.IiLSI^Hor. 7 hlx vt loran ad pft' 10 V05. i. 10. Spait IS PoM.tI 18. 
Sat II. 10. Cb. ToK. balMdua. AdrUn.lO. • • •^- 
ft. 15. 16. Uw. Bp. i1. 8 Uv. m. r. nvUL 4». 11 CmM. B. C. I 81. 

• coetau e hmu, Uf. ii. Hor. Kp, h. IS. 12 Sail. J«g- 4f. V^f^. 

J a roin. ti sv. 

16 vaUwB J*rW»ul. 

17 MMUtaMMitabuil. 

18 JoMn.B*l./iiiL taC 

OAom or MAVthtL 




Tbb Roman army was uiually dmvn up in three lines,' each 
86? end rows deep. 

The hasiati were placed in the firrt line;' the prindpcM in 
the second ; and the triarii or pilani in the thira ; at proper 
distances from one another. The principes are supposed an- 
ciently to have stood foremost Hence /km/ jprincipia, behind 
the first line; trantvorsU principiiM, the front or first line being 
turned into the flank.' 

A maniple of each kind of troops was placed behind one 
another, so that each legion had ten maniples in front They 
were not placed directly behind one another as on march,* but 
obliqaely, in the form of what is called a quincunx, unless when 
they had to contend with elepliants, as at the battle of Zama.' 
There were certain intervals or spaces," not only between the 
lines, but likewise between the maniples. Hence ardme$ ezpU^ 
care, to arrange in order of battle, and in the maniples each 
man had a free space of at least three feet^ both on the side and 
• behind.* 

The velite$ were placed in the spaces or interrals,® between 
the maniples^ or on the wings,' 

The Roman legions possessed the centre,^ ihe allies and 
auxiliaries the right and left wings.^ The cavalry were some- 
times placed behind the foot, whence they were suddenly led 
out on the enemy through the intervals between the maniples^ 
but they were oommonly posted on the wings; hence called,*' w hich name is commonly applied to the cavalry of the 
allies,*' when distinguished from the cavalry of the legions^^* 
and likewise to the auxiliary infantry.^ 

This arrangement, however, was not always observed. Some- 
times all the different kinds of troops were placed in the same 
lineu For instance, when there were two legions, the one 
legion and its allies were placed in the first line, and the other 
behind as a body of reserve^" This was called acibs duplex, 
when there was only one line, acibs simplex. Some think, thai 
in later times an army was drawn up in order of battle, without 
any regard to tlie division of soldiers into different ranks. In 

1 tripliee Mb, vai tri. 
plieibiit nteldiia. S»L 

t in priiiw aci*, tal in 

iXtr. Kaa. W. 7. IL 
L(v.ii.69.III.A «iiL 
S. 19. nortt. ». ink 

9yir>.O.n.S7». LIr. 
xa.98, Poiyk >▼. ». 

T Ur. M. 00. PMrb. 

8 birib. 

9 Liv. KMx. 8S. xlll. S6* 


11 CArnoa. lAr. xkxtIL 
IS Liv. X. f . ssrlii. 1 1. 

a*U. &VL 4, Pliu. Kp. 

M alvii wl aUrii 

Gie. Vtun. il 17. 
14 tiititM l«cl<marK, 

Ur. ki. 4f. Cm. a. a 



15 eahortM alina rel 
■larU, Uw, X. 40. 4«. 
Caw. B. C. I. 6i. H. 16. 

16 In aabtidUa r»l am- 
■Idtia, LU. kxrtCa. 
IX ucn S. XX s. 18. 
Cm. B. a i. 7». & O. 
iiL36. Afr.l2.M.Sall 

Uh dwcripUou of CtEsar's battlai then is 
the wildicrs Mug dinded Into hattaU, ] 
but odIj of a carttin nunbar of l«|poii 

the wildicrs b«ingf dinded Into hattaU, p r i ms ipu , and trierii, 
■^ " ' ioDi and «Ji ■ ■■ ' 

^ en up in Uire« lioei,' in the battle of 
Phxnalia b« formsd a body of reesrve, which ha nalb « fonith 

9 prop«i)y called *ctn 

Id the thna of Cfewr the bniTest troop* wera commonljr 
placed in the front,* conlrory to the ancient cuslom. Thia tad 
venous otiier alt«ratlon» in the military art are aacribed to 

Aciaa If put not only for the whole or part of an array in 
order of battle ; ai, aeiem inttrvert, aquare, txortunv, expiicare, 
extermare, firmare, pertur&ore, iiufiliirar«, ratitutre, rtdaue- 
gran, &e., but also for the battle itMlf; contmufam ocien 
tteidtti at tame trrmor, there happened an earthquake alter 
the fight ira» begun ; pott octet prima*, after the first batUa.* 

Each Mntury, or at least each nianiple, had ila proper atan' 
dnrd and standard-bearer. Hence mililet tigni imau, of on* 
maniple or century;' reliqaa tigna in tubtidio artiiu eoOoetil, ^ 
he places the rest of his troopi as a body of r ' ' 

Mcond line more closely ; tigna tt^erre, \a advance \ ionmertcrt. 
't ftoe about; tfferrt, to gu out of the Camp ; a ngnu diteedere, 
) desert ; ' r^frrre, to retreat, also to corer the standards ; 

signa eonjerre, rel tignU cotlalit omJUytre, to engage ; lignit 

in/ettit tnferri, in Tel irmeiirre, 

to march against the enemy ; 

«rhm intrare tiA tigtut, to eater 

the dty in military array ; mb 

nyn^ legioiwt dmxre, in battle 

oraer ; tigna infitta ftrre, to ad- { 

ranee ai if to an attack.' 

The ensign of a manipvlta nas 
anciently a Dundte of hay on t)i« 
top of a pole," whence mifes moni- 
piilarit, a common soldier; after- 
wards a spear with a crots piece 
of wood on the top, sometimes the 
figure of a hand abore, probably 
iu allusion to the word jmnupahit ; 
and below, a small round or oval 
thietd, oommonly of silver, also ,. . . 

&.'«»;•** '^f^i^^ '"IvjSS p*^""* 



of fnld, on which wore ropretontod the imafes of the wnliko 
doitioB, tm Man or Minerva ; and after the exIinciioB of liberty. 
Off the emperors, or of their ftToorites.^ Hence the standards 
were called numma legimiwm^ and worshipped with religions 
adoration. The soldiers swore by them.' 

We read also of the standard of the cohorts, as of pnefects oi 
commanders of the cohorts. But then a whole is supposed tc 
be pot for a part» cohartes for mampuii or ordtnet, which wevp 
properly said ad signa convmire ei eoniineri. The divisions of 
the lej^ion, however, seem to have been diflfisrent at diflbrent 
times. Cassar mentions 180 chosen men of the same century,' and 
Vegetius (ii, IS) makes manipului the same with ccntuhimntm. 
It is at least certain that there always was a diversity of ranks,* 
and a gradation of preferments.' The divisions most frequently 
mentioned are cohobtbs, battalions of foot, and tvriiia, troops 
of horsoL Cohort is sometimes applied to the auxiliaries, and 
opposed to the legions. It is also, although more rarely, ap- 
plied to cavalry.* 

The staadaras of the different divisions had certain letters 
on them, to distinguish the one from tlie other.' 

The standard of the cavalry was caUed 
VRXiLLxrM, a flag or banner, i e. a square 
piece of cloth fixed on the end of a 
spear, osed also by the foot,' particularly 
by the veterans who had served out their 
time, but under the emperors were still 
retained in the army, and fought in 
bodies distinct from the legion, under a 
particular standard of their own {sub 
vexiUo, hence called tkxxllarii.) But 
vexiibtm or vexiUatio is also put for any 
number of tnMips following one standaid.' 
To lose the standards was always es- 
teemed disgraceful,'^ particularly to the 
standard-bearer, sometimes a capital 
crime. Hence to animate the soldiers, 
the standards were sonietiuies thrown 
amonff the enemy." 
A silver eagle with expanded wings, on the top of a spear, 
sonietinies holding a thunderbolt in its claws, with ttie figure of a 
small chapel above it, was the common standard of the legion, 

I Ot.F. iU.116. Plia. 
noiii. JL H«fa4t«n W. 

9 SmC Tibb «. &L 14. 

Vk X.Tac.An.LaS. 

B IjV. nvii. U. €•■. 

B. S. li. S». tL I. II. 


Taa. Ami. i. 1& Htet 

4 enllaM U ifc i r biM at 

npariarea, C««. B. Q» 

«i.S4. Tha.Hiat.i.ML 

It. Ml 
9 ardaut val grades 

ailtia, lb. Cm. B. C. 

L44.SaatG(>aa. S». 
• Cia. Mm. S. Faai. 
ZT.L Alt.Ti. t. Tan. 
Hbt. IL 89. T. 1& 
Plte. Bb.s. 187. 

7 Vagi iu 18. 

8 Lir. Cm. B. O. ti. 
SS. 87. 

8 Tic. An. L 17. 18. 

86.881 HitUl.Sl.78. 
SmU Galb 18. Slat. 
Thab. sH. 781. 
10 aMtgneia patde r a crt» 

■M anL Ct. p. Hi. 

11 C«a.B.0.iT.18.r. 

18. B. C. i. M. Ur. 

ii.99 lit.70.ti.8.ur. 
II. nri. 9, 

■tiMct after tbe tine of Hburiui, 
foe b«(bre thu tha AforM of 
othsruiimRbwareiMed. H«Doe 
Aoanji M pat for a lerion,' and 
aquila ligmiqiit for aU tha rtu^ 
darda of a leiFioa. It »«• an- 
ciently curiad befora the first i 
maniple of the triarii ; but after 
the time of Mariui, in the fint 
line, and oeai it waa the ordioary 
place of the general, almoat in 
the centre of the army; thna 
HBDio DDX jLaHlna Tamut vaiiha- 
arma lentni, in the centre kipg 
Tumu) moTea, wield in r hi* 
arou,* DHiallTon honebeck. So 
likewise the lagati and tribunea.* 

The soldicis who fought be- 
fore the BtaDdarda, or in Uie lir« 

line, were called AKTaioitud ;* A«M behind the itandardi,* 
poiTiisHAHi, rel itiBiiaiiiHi ; but tha tabtiffnaai faem to have 
bean tha tame with the nextllarii, or priTileged vetarana.' 

The general was UBually attendao b^ a wlect band, oalled 
cOHoaa FBAToaiA, hrat insCitutad by Hdpio Africanui ; but Kinie- 
thing liiailar was used long before that time, not mentioned in 
Cnsar, unlen by the by.' 

When a general, afler having consulted the Bus{Hoes, bad 
ietermined tnlead forth his troopi against the enemy, a red 
flag was displayed,' on a spear from the top of the prntoriam,* 
which won the signal to prepare for battle. Then having called 
an asMnibly by the sound of a trumpet," he harangued " the 
soldiers, who usually ngniiied tboir approbation by shout*, by 
raising Lheir right hands, or by beating on the shields with their 
■pear^ Isilence wot a nark of tiDudity." This addrea* wta 
sometimOH made in the open field from a tribunal raised of turf.** 
A general always addressed his troops by the title of mUiU* ; 
hence Cttiar greatly mortified the aoldiera of the tenth legiea, 
when they demanded their discharge, by calliitg them floiaiTaa 


to arjMt.^ The sUmdarcb which flood fixod in tho ground wvf 
poHod up.* If thti was doDO easily, it was reckoned a good 
omeo ; If net, the Oontrarv. Hence, aquilmmrodir§ noUifUB, the 
eagles onwilling to nio?e.* The watch-word was ipven/ either 
fiioo voce, or by means of a t€M»ra^ as other orders were com- 
mtinieated.* In the meantinie many of the soldien made their 
teetamealB (m jpr^netiC) " 

When the anny was adranced near the enemy,' the general 
riding round the ranks again exhorted them lo courage, and 
then gave the signal to engage. Upon which ail the trumpets 
aoonded, and the soldiers rushed forward to the charge with li 

Seat sboot,^ whidi they did to animate one another and intimi- 
te the enemy. Hence prifmu damcff atqu* ingfeiw rem de^ 
erevU, when the enemy were easily conquered.* 

The veiiUs first began the battle ; and when re|)Hlsed retreated 
either tliroogh the Intenrals between the files,^ or by the flanlcs 
of the army, and rallied in the rear. Then the hastati ad- 
vanced ; ana if they were defeated, they retired slowly " into 
the interrals of the ranks of tfie prineipeSy or if greatly fatigued, 
beUndk then. Then the prindpes engaged ; and if thev too 
warn defeated^ the triaril rose up ; ^ for hitherto they continued 
in a stooping posture,^' leaning on their right knee, with their 
left leg strsSched on^ and protected with their shields : hence, 
Ao vAfAates vaaroM sst, it is come to the last push.** 

The triarii reoeiTing the hastati and principes into the Toid 
spaces between their manipuli, and closing their mnks,^ without 
leaving any space between them, in one compact body,^ renewed 
the combat. Thus the enemy had sereral iVesh attacks to 
sustain before they gained the victory. If the triarii were 
defoatedy the day was lost, and a retreat was sounded.'^ 

This was the usual manner of attack before the time of 
Marius. After that several alterations took plaoe^ which, how- 
erer, are not exactly ascertained. 

The legions sometimes drew lots about the order of their 
march, and the place they were to occupy in the field.'* 

The Romans varied the line of baltte by advancing or with- 
drawing particular parts. They usually engaged with a straight 
firont" (4C1BS niBBCTi). Sometimes the wings were advanced 
before tne centre (acibs soiuata), which was the usual method ; 
or the oontrary (acibs gibbbba, vel flexa)^ which Hannibal used 

>a eoHduutan Cm. B. O. IL 14). B. Cma B. C. iiL 98. LIt. ISMiDprMsUoTdinlbaa* 

Afric. 88. r1 8. Ac. Dio. xxkti. 18 ano coattiMBt* •(• 

SfloavdMMtar. U<r. 6 imo. tf.etll.ST.W. 81. niM. 

iil.81.6*. vLttL Virg. 7 btA toii OMteetu, 9 Lit. nr. 4. 17 rcosptai oadMnyM. 

JEm. xi IS. aid* • Araatarito wrm- lO Mr int»rr«lla oi4W LW. rttl. 8, 9. 

8 Flar. IL 8. Oie. si. lA. lias Maialtti pocatc aaa. 18 Tae. RUt. il 41. 

Uv.astL >. Clfl. Di*. 8 aaKlao cUwen pi^ 11 praHo aada. 19 ractafraaU,F<Mtat; 

LaCVaLMacLSII. eamtaat eu ■inl« IS CMMrntaat ▼•! ■qutto fraatibat, 

Lm. *«. MB. wl pUis lafMlb. Ct. IS MtwIMmUhlMdio. TikiilL it. 1. m, 

4 aiiiwa datan aat. in UMtva vania val ci •ubtidia, P«»t. 

8 Ur. T. 88. aai. 14. «i«a(i^ Sail. Gal. 88. 14 Lit. tiU. 8. 


in the battle of Gannn.^ Sometimes tbey formed themtdvca 
into the fig:ure of a wedge, (ciurxus vel irigomum, a triangle,) 
called by the soldiers caput poaciNVM, like the Greek letler 
delta, A. This method of war was also adopted by the G«iw 
mans and Spaniards.' But cuneus is also put for any dose 
body, as the Maoedonian phalanic Sometimes they forvi«d 
themselves to receive the ctmeu», in the form of a voacbiv oc 
sdasars: thus, V.' 

When surrounded by the enemy, they often formed Ihem* 
selves into a round body, (oaais vel globus, hence arbu faotrt 
vel volvere : in orbem «e tutari vel congkbare),* When dMy 
advanced or retreated in separate parties, without remaining- in 
any fixed position, it was called ssaRA.* 

When the Romans gained a victory, the soldiers with ahoiits 
of joy saluted their general by the title of impbrator.* His 
lictors wreathed theiryZucss with laurel, as did also the aoldieis 
their spears and javelins.^ He immediately sent letters wr^ped 
round with laurel^ to the senate, to inform them of bis saoeeas,' 
and if the victory was considerable, to demand a triumph, to 
which Persius alludes, vi. 43w These kind of letters were seldom 
sent under the emperors.^^ If the senate approved, they decreed 
a thanksgiving ^ to the gods, and confirmed to the general the 
title of iMPSRATOR, which he retained till his triumph or return 
to the city. In the mean time his lictors, having the fasoea 
wreathed with laurel, attended him.^' 


Aftrr a victory the general assembled his troops, and, in pre- 
sence of the whole army, bestowed rewards on those who de- 
served them. These were of various kinds. 

The highest reward was the civic crown 
(corona civica), given to him who had 
saved the life of a citizen, with this in- 
scription, OB CIVKM SERVATUM, Vol CtV^S 

iervatOB,^ made of oak leaves,*^ hence called 
quercuM civilis, and by the appointment of 
the general presented by the person who 
had Deen saved to his preserver, whom he 
ever after respected as a parent.^^ Under 
the emperors it was always bestowed by 

1 Ut. nil. 47. szTiiL 4 SalL tmg. f7. hW. tt. 8 Hrani laarMta. pliehDik nl cntaLiite. 

I< Sn. BmI. ViU 4. Ml It. ». ». skHI. 87. 9 to whiob OtM ■!• Cm>. Mve. 4. Paa. li* 

PldkNir. CM.B.O.fT.S7.TM. Mn, Am. i. 1& 

S LW. triit. la suix. Ann. it. II. 10 Dkbllir. II.T»e. A<r. IK Cic PkIL xIy. S-S. 

8L Q«ine. M. la. Vir«. 5 Frstas. 18. Uv. xW. I. Ck. UOdl.v.6.Ur.TL«P. 

xiL M9.457. CM.rl. 6 m« p. 196. Pis. 17. Alt. v. 20. s. 40. S«n. Ciwa.t. H. 

».Tae. Mor.O.ft. 7 Sut Sflv. t. i. 01. Vam. li. 10. Am. B. 14 • frMda atMraik 

S Lir. uxil. 17. 0«U. Mart. yfi. 4, 6. Plin. Mithrid. p. OO. 15 CIcPlaM 80. Virf. 

B. 9. Vff. >L 19. ST. 80. PluU LoMl. 11 •appiicalK ««1 r V A". «•• 77*. 



Hm ^frioc^^ It was attended with particular honour^ The 
peiton who reeeiTed it ivore it at the spectacles, and sat next 
ttM senate. When he entered, the audience rose up, as a 
mnk ef respect* Among the honoan decreed to Augustus 
and Claudias hy the senate was this, that a civic crown should 
be snspended firom the top of their house, between two laurel 
branchee, which were set up in the restibule before the gate, 
as if they were the perpetual presenrers of the citizenn, and the 
oonqueron of their enemies.' Hence, in some of the coins of 
AofifiMtiM, th«e is a civic crown, with these words inscribed, cb 


To the person who first mounted 
the rampart, or entered the camp 
of the enemy, was given by the 
general a golden crown, called 


him who first scaled the walb of a 
city in an assauH, cobona mubaus ; 
who first boarded the ship of an 
enemy, coboba n avams.* 

CoroiM VaUarU' 

Conma Aturalis, 

Coram 2fmMi/u» 

Augustus gave to Agrippa, after defeating Sextus Pompeius in 
a sea-fight near Sicily, a golden crown, adorned with figures of 
the beaks of ships, hence called bostbata, said to have been 
never given to any other person : but according to Festus and 
Plijsy, it was also given to M. Varro in the war against the 

pirates by Pompey; but they seem to 
confound the corona rostraia and aava- 
liSf which others make different.* 

When an army was (reed, firom a 
blo<;kade, the soldiers gave to their de 
li verer * a crown made of the grass which 
grew in the place where they had been 
blocked up ; hence called grammea 
corona obsidionaus. This of all military 

1 (fliarimlDffb tmam, 

FtM.MU%- 4. 

S 9Mt 17. no. nil. 16. utL 48. GaU. t. •. alk. 14. Vwt. (n v««. 

Vftl. Mn. H. 8. litt. F»tt. nsvsli. Plia. rU. SO. 

Ov. P. 1. ei4. Ir. MS. » SnM. Ckf4. ly.Vlrs. svi. 4. 

Trtoi. ill. 1. 3S-4a vUl. 6S4. Ur. Sp. UP. C •( ducW ^iil latrkvU, 

4 VaL Mn. i. 8. Litr. P«t«i^ iL 81. nio. e«U.v.8. 

334 ROMAN ASfTigUITItt. 

hoDoart was esteemed the greateet A few, who liad tlie nngular 
good fortune to obtain it, are recounted by Pliny*^ 

Golden crowns were abo given to officers and soldiers who 
had displayed singular bravery ; as to T. Manlius Tov^oatna, 
and M. Valerius Corvus, who each of them slew a Gaul in 
single conibat ; to P. Decius, who preserved the Uoman army 
from being surrounded by the Sanmites,' and to others. 

There were smaller rewards' of various kinds; as, a spear 
without any iron on it (basta fdra) ;^ a flag or banner, i. ew a 
streamer on the end of a lance or spear (tekillum),* of difierent 
colours, with or withoat embroidery ; " trappings (prai^b&s), 
ornaments for horses and for men; golden cEsins' (mtrea 
ToaguBs), which went touni the neck, whereas the phalfrm 
hung down on the breast ; bracelets ^aiucilla), ornaments for 
the arms ; cobnicula, ornaments for toe helmet in the form of 
horns ;^ catklljb vel catenuUs, chains composed of rings ; where- 
as the torques were twisted' like a rope; fibci.£, clasps or 
buckles for fastening a belt or garment^** 

These presents were conferred by the general in presenoe of 
the army; and such as received them, after beinlf publidy 
praised, were placed next him. They ever alUnr Kept them 
with great care, and wore them at the spectacles and on all 
public occasions. They first wore them at the games, A. U. 459.^' 

'I'he spoils (spoLiA vel exuinm\ taken from the enemy were 
fixed up on their door-posts, or in the most conspicuous part of 
tlieir houses." 

When the general of the Romans slew the general of the 
enemy in single combat, the spoils which he took from him ^ 
were called spolia opima,'^ and hung np in the temple of Jupiter 
Feretrius, built by Romulus, and repaired by Augustus, by the 
advice of AtticusA' These spoils were obtained only thrice be- 
fore the fall of the republic ; the first by Romulus, who slew 
Acron, king of the Gafininenses; the next by A. Goraeliiis 
CosBus, who slew Lar Tolumnius, king of the Vejentes, A* U. 
318 ; and the third by M. Claudius Marcellus, who slew Viri- 
domarus, king of the Gauls, A U. 530.^ 

Floros calls the spoils opima, which Scipio J^ilianus^ when 
in a subordinate rank, took from the king of the Turdnli and 
Vaccaei in Spain, whom he slew in single combat; but the 
tpoUa opima could properly be obtained only by a person in- 
vested with supreme command.^' 

I U*. vii. 87. Plfab • raittM ml pnM, S SB. I Id. ar. St. Li v. IS fM *B dw 

»n.4-«. Sail. J«f. 89. SmU s.44. sit. 

uvl n. US. IS. T Taa. Aaa. H. ft «. It Uv. umis. ft. V«t. tfi 

a prMta ■iaora. SI . Jm. svi. 60. Ylt^ 11 Sa». Jm- M. Ur. s. U Hmf. VK. SBl 

« V<<-|- <■•• vi. 710. Ai. r. n't- Ut. b. 47.nlT.iabGio. PUk If UrVt.U.iT.». ^ 

JhM. ClMd. tt. 46. nil. S. Cle. Att. t II. 17. n. Vlrc. Mm^ vi. m. 

I 4Maljp«rr«ai wtaa, svl. If. V«r. UL Ml ir. IS Vin. Aa. U. 50i. PUiJlaM.ftM.lvJI. 
S«rr.Vlr(.Aa.vtlM. II. Liv.axiU.n. 17 Vbir.* 

1^ i"^' 

'4 !^i/^ I 

n \ •' 

4 C"isS 

A TBnrMPH. 325 

SMMtiaM soldien, on aooount of tliair bimT«ry, notiTed a 

double share of com/ whioh they might nre away to whom 
they pleaaed ; hence oilled ouvlicakii, also double pay^' clothes, 
Ike, called by Cicero dubia.* 


The highest military honour which could be obtained in the 
Roman state was a triumph, or solemn procession, with which a 
victorious Mneral and his army advanced through the city to 
the capitol; so called from B^Mfi<^of, the Greek name of 
Bacchus, who is said to hare been the inventor of such proces- 
sions. It had its origin at Rome, from Romulus carrying the 
spolia opima in procession to the capitol;* and the tirst who 
entered the city in the form of a regular triumph was Tarquinins 
Priscns, the next P. Valerius; and the fint who triumphed 
after the expiration of his magistracy,* was Q. Publilius Fhilo.' 

A triumph was decreed by the senate,' and sometimes by the 
people against the will of the senate^ to the general who, in a 
just war with foreigners,'' and in one battle, had slain above 
5000 enemies of the republic, and by that victory had enlarged 
the limits of the empire. Whence a triumph was called juUus, 
which was fairly won. And a general was said triumpharej et 
agere vel dipoTtare triumphwn de vel ex aliguo; triumphare 
altauem vel aUqiudJ ducere, partare vel agere eum in triumpho. 

There was no just triumph for a victory in a civil war ; hence, 
Bella geri placuit nuUas habitun triompbos t Luc, i. 12. 

Could you in mn like then provoke your flite T 
Wan where no triumphs on the victor iwait 1 Rawe» 

although this was not always observed, nor when one had been 
first defeated, and afterwards only recovered what ^vas lost, nor 
anciently could one enjoy that honour, who was invested with 
an extraordinary command, as Scipio in Spain,'*' nor unless he 
left his province in a state of peace, and brought from thence 
his army to Rome along with him, to be present at the triumph. 
But these roles were sometimes violated, particularly in the 
case of Pompey." 

There are instances of a triumph being celebrated without 
either the authority of the senate, or the order of the people, 
and also when no war was carried on.^ 

Those who were refused a triumph at Rome by public authority. 

1 daplcx buMBtMB. 5 aele kman. H. 8. Ck. Pto. 19.H«r. 11 Lir. nri. SI. nxL, 

2 d«pl«K itipeadiBa, 6 Ur. i. 88. U. 7. tUU Od. L 18. M. 40. nxix. 89. sir. 89, 
Ut. B. 88. *ir 37. 88. 18 Llr. ut»L 88. xncvu VaL Mu. vUi. 18. 8. 

3 Att.TfIi.1^ Cm. B. 7 LiT.Hl.63.vil. 17. 88. Bp. 115. 118. 138. Dio. uiTii. Sk 

C Hi.83. 8 jM«o ct koMifi bdl0. Val. Has. U. 8. 7. Dhk M Llr, %. 97. si. 88. 

4 Var. I* Ut. 7. Pli*. Gc. OaJ. 8. slH. 18. zliB. 18. Vlor. Oroa. r. 4. Ck. Ccti. 
v1i.<8»ik8r.INaay.iL 8 Vkf. J!a. tL 888. W. 8. Pin. Put, 8. 14. Soct. 1%. 8. Vait 
St. ni^ T. 8. Val. Ma«. Oiva. It. llai.T.I.«w 


390 aOMui iHngDiits*. 

•OBatlttMoattfanWditontfaeAUiMiDoiiiitalii. TbiumGntdoM 
bj Pipirini Nmo, A.U. 633, whom MTeral Bflsrwuds imitated. 

As no panon oouM «iitec th* dt; nhils invested with niliUry 
eoMmna, genarali, on tho day of lhair triampb, were, by a 
particalar Mdar of tha peopla, freed from that rtatiiction.* 

The triuHphal prooaauon bej^an from the Campoa Mactim, 
and want htm theDce along the Via Triumphalii, througb tlia 
Campoa imd Circiu FlaminiDi to the Porta Triumphalu, and 
Umbm Ihioogb Iha Rkoat public placaa of the dty to the capitol. 

■~ - - g ifreved with flowers, and the altars Biaok«d 

arioDS kinds, •inging- and playing 
tthnnphal song*; next were led the oxen to besaoriGcad, haTing 
Aetr MnM gilt, and their heads adorned with lillals and gir- 
landil dtan in carriagei were brought Iha spoils takeo from ihs 
•nemy, statues, pictures, plate, armour, gold and wlrer, ami 
brass ; aliii golden crowns, and other gifts sent bj the allied 
and tributary states.* The titles of the vanquished nations were 
inscribed en wooden frames,* aad the imagu or representatioM 
of the ooDquered countries, dties, &c.* The captive leaden 
followed in chains^ with their children and attendants : 
after Iha captlTes came the lictori, having theur fasoea ' 
d widi laurel, followed by a great company of 
aa and dancers, dreasad like satyrs, and wear- 
ing ccowm of gold : in the midst of whom was a pan* 
tornima, dotibea in a female garb, whose bnsineaB it 
•na, with his looks and cesture^ to insult the van- 
quished. Next followed a long train of persons carry- 
ing perfumes.^ Then came the Eeneral (ccrx) dreved 
in purple embroidered with gold,' with a crown of 
laurel on bis head, a branch of laurel in hia right 
hand, and in hia left an ivory sceptre, with on eagle on 
the top, having his face painted with vermilion, in like 
manner as tha itatue of Jupiter on festival days," and a 
golden ball " hanging from his neck on his breast, with 
some amulet in it, or magical preservative gainst 
envy," standing in a gilded chariot" adomea wiib 
ivory," and drawn by four while boises, at least after 
tha time of Camillus, Mmelimes by elephants, attended 
by his relations," and a great crowd of citizens all in 

•MStuTtClirr t !• ln>K% 3M. J>l. t 'u^ IMI » w 
•• atM Ikit • Llr. ml. n. gils. IOTm. IL «.!.■. t 


iriiite. His childreii wed to ride in Um diiriot aloof with 
him/ and, that he mi^ht not be too much elatod,* a ihT«^ 
carrying a golden crown, epukMng with gemSy atood behind 
him, who fr^oently whispend in his ear, aBOMBBB that vnoo 
ABT A KAir ! ' After the general, followed the consols and sen»* 
ton on foot, at least aoeording to the appointment of Aagvstiis ; 
for formerly they used to go before him. His legati and mili- 
tary tribunes commonly rode by his side.^ y' 

ilie Tictorions army, hone and foot» came IsaL all in their 
order, crowned with laurel, and decorated with mf gifts which 
they had reoeiTed for their valour, singing their own and their 
genenl^s praises ; but sometimes throwing out railleries against 
him, often exclaiming, lo tbiohphb, in which all the citiaena, as 
they passed along, joined.' 

llie general, when he began to turn his chariot firom the 
fonun to the capitol, ordered the captifo kincs and leadeta of 
the enemy to be led to prison, and there to be slain, bnt not 
always ; and when he readied the capitol, he used to wait till 
he heaid that these saTage ordets were executed.* 

Then, after having oflfered up a prayer of thanksgiving to 
Jupiter and the other gods for his snccesi, he commanded the 
victims to be sacrificed, which were always white, from the 
river Clitnmnus,* and deposited hib golden crown in the lap of 
Jupitei^' to whom he dedicated part of the spoils.* After which 
he gave a maanificent entertainment in the capitol to his frienda 
and the chief men of the city. The oonsuk were invited, bnt 
were nfterwards desired not to come,^* that there might be no 
4me at the Ibast superior to the triumphant general After 
supper he was conducted home by the people with mnsio and a 
great number of lamps and torches, which sometimes also wese 
aaed in the trinmp hiu procession.^ 

The gold and silver were deposited in the treasury,'* and a 
certain sum was usually giv^n as a donative to the officers and 
aoldievs, who then were disbanded.^ The triumphal prooeaiion 
sometimes took up more than one day ; that of Faulua .A^ilius 
tbree.^ When the victory was gained by sea^ it was called a 
1IAVA& TaiiniPH ; which honour was first granted to Dnilius, who 
defeated the Carthaginian fleet near Lipane in the first Punic 
war, A. U. 493, and a pillar erected to him in the forum, called 
coLnmA nosTKATA,^ with an inscription, part of which still 

I J«r. X. 46. Ur. slv. a S4. Ur. r. «. sir. viLSt & Q*. S«a. IS. SmL 

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T«rtaL AM>l«S.n. nrL 11^ dr. 41, «. 10 at vwira Mpvasd** mrl.411. 

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WlwD a victory had been gained without diAcolty, er tfa« 
like^ an inferior kind of triumph was franted, called ovatio, in 
which the seneral entered the dty on foot or on horBebaefc, 
crowned with myrtle, not with laurel,^ and instead of huUodis, 
sacrificed a sheep,' whence its namtf.^ 

After Augustus, the honour of a triumph was in a manner 
confined to the emperors themseWes, and the generals who acted 
with delegated authority under their auspices only reoeited 
triumplud ornaments, a kind of honour devised by Angnstns.* 
Hence L. VitelliuSy haring taken Terradna by storm, sent a 
laurel branch in token of it ' to his brother. As the emperofs 
were so great, that they might despise triumphs, so that hoaoar 
was tho^^t aboTo the lot of a private person ; such therefose 
usually declined it^ although offered to them; a» ViidGins, 
Agrippa, and Flautias." We read, however, of a triumph being 
granted to Belisarins, the general of Justinian, for his Tieteries 
in Africa, which he celebrated at Constantinople, and ia the 
last instance of a triumph recorded in history. The hst 
triumph celebrated at Rome was by Diodetian and MaxSmian, 
90th Nov. A. D. 303, just before they resigned the empira.' 


Tbbsb were of varioos kinds, either lighter or more aeveve. 

The lighter punishments, or such as were attended with 
inoonyenientift, loss, or disgrace, were chiefly these, 1. I>e|»tTa- 
tion of pay, either in whole or in part,^ theminishment of timse 
who were often absent from their standards.^ A soldier pun- 
ished in this manner was called Mwt nisirrus. Whence Cicero 
facetiously applies this name to a person deprived of his fortune 
at play, or a bankrupt by any other meana — 9» Forfeiture of 
their spean, cbnsio bastarxa.^^ — S. Removal from their tenta," 
sometimes to remain without the camp and without tents, or at 
a distance from the winter-quarters.^ — 4. Net to radlne or 
sit at meals witibi the rest." — S. To stand before the pr»to- 
rinm in a loose jacket,^* and the centurions without their 
girdle,^^ or to dig in that dress.^"-— 6. To get an allowance of 
barley instead of wheat.^' — 7, Degradation of rank ; ^ an ex* 
change into an inferior corps or less honourable serrioe.^— -8. To 
be removed from the camp,^ and employed in varioos works,*^ 

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47. TUi. t. Ur, iiC 10. 88. 6. SoAt. Aag- M- 

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an napotition of labour/ or ditmiituoii with disgrace/ or 
■ZAUOToaATio. A. GeUios mentions a sincular punishment, 
Bameljy of letting blood.' Sometimes a wImmo legion was de- 
prired of its name, as that called auousta.* 

The more serere punishments were, 1. To be beaten with 
rods,^ or with a vine sapling.'-*2. To be soourged and sold as a 
Blare. — S. To be beaten to death with sticks, called nwruAanm, 
the bastinado^' which was the usual